IR35 and agency contract negotiations

**Lucifer Box** · 26 August 2005, 07:16

Me. By asking.

Simple as that really. If you ask, you might not get, but if you don't ask you definitely don't get. Presumably it helps to be useful to the agent as well, but that is usually the case if you're on a gig.

**Churchill** · 26 August 2005, 07:20

Originally posted by FGB

A little Friday morning topic to discuss while you drink your coffee and scrabble around for project codes to put down on your timesheets. Who, and how, have been successful in negotiating contract amendments with their agent.

Me, I use the following technique...

"If you think I'm signing that tulipe, you've got another thing coming!"

BTW, what's a timesheet?

**Bovvered** · 26 August 2005, 07:29

IR35 Changes

I've been successfull. Had some crap line like "you will be under direct control from project manager" (convert to more precise legal speak).

I presented an alternative from another contract, something like "you will provide services to complete the project requirements" (again, convert to more legalified mumble jumble).

Not a problem. Agent and client agreed to it, job done, stick that up your nostrils and light it Gord.

Is legalified a word? Ahh, who cares.

**vetran** · 26 August 2005, 08:24

I have

I had the contract assessed, put a copy of the legal analysis in front of the agent, had a number of chats with their FD explained it would save them a raise at renewal (which I wasn't going to get anyway, no-one else had) and the contract was adjusted to reflect the reality of the situation. It took a couple of months however.

Other contracts have been direct so I use my own T&C's.

no legalfied is not a real word - Vetran in Fleety mode.

**Homer Simpson** · 26 August 2005, 08:32

Never been able to do it with big agencies such as Futures, Best etc Always come back with some nosense about "We've spoken to the legal team and they say blah blah blah..."

However, smaller agencies seem happy about it especially the IR35 pointers.

Direct and fixed price now so no longer a concern.

**DimPrawn** · 26 August 2005, 08:37

Me too, lots of times.

Infact, if they refuse to change the contract I don't want to deal with them.

I had one agency really pleased that with mine and the (dare I mention them) PCG's help they got their contract much more IR35 friendly.

Main items are, control, substitution and having the contract fixed price with a list of defined project deliverables. Price is estimated by taking rate x initial duration, and paid for by invoicing at regular intervals detailing what has been achieved in that timeframe.

PS. I WILL NOT deal with the Mac Donalds of the IT agency world such as Comp Futures and the like. They are IR35 fodder machines for the uneducated contractor masses.

**Normie** · 26 August 2005, 09:24

B&C

Originally posted by FGB

A little Friday morning topic to discuss while you drink your coffee and scrabble around for project codes to put down on your timesheets. Who, and how, have been successful in negotiating contract amendments with their agent.

I use Bauer and Cottrell and get them to negotiate the required changes.

**FGB** · 26 August 2005, 15:46

B&C

Normie, what cost are involved doing this?

IR35 and agency contract negotiations