ClientCo asking for a copy of the contract

[northernladuk]

I seem to remember some discussions about disparities between Client - Agency (C-A) contracts and Agency - Contractor (A-C) contracts. We push hard to have our contracts showing us to be outside IR35 but the problem is it is the agency that are making the changes and they don't really know. Knowing what is in the C-A contract could severely dent your perceived status. e.g. the agent agrees to amend the Sub clause to make it IR friendly in the A-C contractbut the C-A contract hasn't changed. HMRC will come along and use the C-A agreement to trump yours.

Now forgive me if I am wrong but wasn't it mentioned that you can defend your contract if you have done everything to make sure it matches your working practices but if you have seen the C-A and it is missing key IR35 points or the changes you asked your contract stands for nothing and can't be defended. I can't remember the exact discussion but seem think seeing the C-A one wasn't that good for you?

Anyone remember that discussion or point out what the real situation was if my explanation is wrong?

EDIT : Ah **** it. Looks like I am wrong again. Found this article on it, which wasn't the one I was thinking of but anyway, at the end it says it would be great to see the C-A so my thought must be wrong. Saying that... I am sure many contractors would get a shock and would have to re-think their IR35 status if they did! Am thinking of PC's recent comment when he got the agent to put in a sub clause even though the agent said there is no chance they would have that.

[Contreras]

It's a strange request..

As per my other thread I was delayed getting on site due to trying to get the contract nailed down with the agency.. Lots of messing around due to opt-out etc..

I don't especially care about pissing the agency off and would rather the client was happy.. Perhaps they want to check the agency isn't taking the piss with margin..

Hmm.. I'm sure if I mentioned client wants copy of the contract to the agency they would say no.. But then the client might think I've gone behind his back to give the agency a heads up..

It's only going behind their back if they have no justified right to see it, and the person asking will know that.

Done the right manner, questioning the request demonstrates your level of professionalism and an assurance that their company secrets will be safe with you. Some people totally get this idea of commercial confidentiality, and whom to trust with what.

You could for example formally (by email) say "No, because the agency won't allow it sorry.", followed informally (telephone or in person) with "Well, what exactly is it you need to know?"

[BrilloPad]

I once had a pimp behave oddly with me. Something wrong. I could not put my finger on it. I asked the client to tell me the agecy margin given my rate - it was supposed to be 13%. They were taking 26%.

I got a pay rise - difference backdated.

[northernladuk]

I got a pay rise - difference backdated.

I thought only your director could give you a pay rise and that won't be easy because I believe he is a bit of a cretin