New contract within IR35 by default?

[Mordac]

They are still pushing the line that all agencies and contractors will be working in the same way from now on, everyone will be within IR35.

That's a pile of horsecrap. Clients will always need contractors / freelancers for specific skills and projects, therefore clients and agencies will need to adjust their working practices, or they will find themselves with a very small talent pool. Or the rates go up according to Hector's demands.

[northernladuk]

That's a pile of horsecrap. Clients will always need contractors / freelancers for specific skills and projects, therefore clients and agencies will need to adjust their working practices, or they will find themselves with a very small talent pool. Or the rates go up according to Hector's demands.

Yep, which is why we need to be clearer about what roles and in and out and leave the roles that fit the needs above to contractors. Chances of it happening though? The battle continues...

[eek]

If I put mine up by 50% I'd be approaching Accenture rates territory, and they'd tell me to do one. £100 covers me for increased NI, and the lack of expenses etc. IMHO we are all being slowly but surely shafted out of existence, the greedier we get the quicker it will happen. You know what they say about death and taxes - it's a right bugger when you get both at the same time...

In my case it's the difference between 50% of a consultancies rate and 75% of that rate. Personally I really should be charging 150% of that rate as I only come in to fix the mess the consultancies have created.

[Mordac]

In my case it's the difference between 50% of a consultancies rate and 75% of that rare. Personally I really should be charging 150% of that rate as I only come in to fix the mess the consultancies have created.

Very good point well made Sir.

[Hobosapien]

I have a feeling that the numpty agencies (most of them ) will default to this type of pre-emptive contract, as it's easier for them to cover their arses just because they think they will need to, rather than try to understand the reality.

So the majority of contracts will go this way, and the majority of contractors will accept them.

We on here will become like that lot on Housepricecrash, bunkered up for years as things get progressively worse. Yet there will be rewards for those who seek the proper contracts on better terms.

What an opportunity. [insert smilie of your choice: ]

[eek]

I have a feeling that the numpty agencies (most of them ) will default to this type of pre-emptive contract, as it's easier for them to cover their arses just because they think they will need to, rather than try to understand the reality.

So the majority of contracts will go this way, and the majority of contractors will accept them.

We on here will become like that lot on Housepricecrash, bunkered up for years as things get progressively worse. Yet there will be rewards for those who seek the proper contracts on better terms.

What an opportunity. [insert smilie of your choice: ]

It's why I'm carefully moving myself up and out of this game.

I spent 3 months finding a contract that was interesting and I've made sure that any intellectual property I do (and there is at least 4 bits) is mine to sell elsewhere.

[Hobosapien]

It's why I'm carefully moving myself up and out of this game.

I spent 3 months finding a contract that was interesting and I've made sure that any intellectual property I do (and there is at least 4 bits) is mine to sell elsewhere.

Interesting approach. See contracting as the plan B, and as a means to an end for plan A. Take time to find the right contract to help you achieve your goals of getting out of contracting and become more of a supplier.

I guess that's easier with a niche.

Maybe someone has a plan B that's identifying all the niches not yet saturated.

[easyrider]

I've just opened a contract from PeopleSource with the same title "TERMS OF ENGAGEMENT WITH A LIMITED COMPANY CONTRACTOR WHO HAS OPTED OUT OF THE CONDUCT REGULATIONS (WITHIN IR35 AND UNDER SDC)". What is even more disturbing is the mention of 'web forms' and 'support' in the role description.

[Hobosapien]

Maybe there's a thread/sticky somewhere on here (or there should be) where we can add agencies with these types of default contracts trying to force being inside IR35, with feedback on how flexible the agency turned out to be on getting the terms changed or a different template used.

We could then have a list of agencies to be wary of, and a way for us to put pressure on them by showing we are aware of their poor default stance.

Not quite as dramatic as a blacklist or anything that may cause legal issues but at least a way of informing CUKers of agencies to watch out for, and therefore an advantage to those agencies providing a better service.

If not a good idea, I'm sure AIPSE will have our backs with this.

[northernladuk]

It's just not worth it and would just ultimately spread false information. The contract should also reflect the upper contract with the client so it is highly possible the contract will change per client. Agencies might change their ways sonourblist would also be out of date. It will also just suit the tickbox contractor that hasn't the nouse to deal with agents, bearing in mind this is our actual job.