Client Contact Primer

[Moscow Mule]

It will probably turn out that it is the agent you should be sueing.
In many of these cases that I have read the contractor has a contract stating their terms, but it is between them and the agent. The agent will tell you that it is back to back with the client agent contract. When these cases come to court it turns out the client would never have agreed to the terms in the contractors contract.
Who do you think is guilty?

I have often asked that my contract contains a clause stating that it does not conflict with the client/agent contract and that if it does my contract is correct. If an agent refuses I assume that there is something dodgy going on and walk away.
Not sure it would protect me in an investigation, but it does show I have tried to make sure my terms are correct.

I try not to use agents. I'm not using one at the moment.

 

[The Lone Gunman]

I try not to use agents. I'm not using one at the moment.

Then you should have no problems with an IR35 investigation as there is only one contract and no matter what company policy may be, they have signed it. As long as you can show your practice matches the contract then it should not matter what HR say, especialy if you did not come in through HR.
For them to deny the contract is for them to admit to a fraud.
It is usualy the agent/contractor contract that causes all the issues.