No contract but......

[BoredBloke]

I spoke to them this morning as the new contract had not arrived. I was told that an ammended one would be sent in nthe afternoon. This afternoon I spoke to somebody there who told me that they couldn't take out the 'repayment clause' as the client had insisted on it. I told them that I would not sign and definately would not be starting work. Now I have just got another contract and spotted this term.

'be subject to the legitimate instructions and monitoring of the client or end user and the direction, supervision and control of the client or end user and abide by the the rules and regulations of the client or end user and any proposal requirements relating to independent contractors'

Not keen of the control and direction aspects of this clause!

[BoredBloke]

Also, and an afterthought on this.

On Thursday I was told that they were going to make the initial changes and send me a contract. Nothing turned up. They made the changes this afternoon and were obviously going to wait until I'd started before sending me the contract, without the changes I had requested.

Now as it stands I have no wiggle room to get this checked for IR35. I am expected to start tomorrow and have only an electronic copy of the contract.

[Fleetwood]

Ce que je ne comprends pas....

...is why everyone has their contracts run through with a fine-tooth comb by specialist lawyers to see if they're IR35 friendly, whereas the IR will totally ignore the contract and look at the contactor's true working practices at the customer site during an IR35 investigation?

Confused of Brussels

[DaveB]

...is why everyone has their contracts run through with a fine-tooth comb by specialist lawyers to see if they're IR35 friendly, whereas the IR will totally ignore the contract and look at the contactor's true working practices at the customer site during an IR35 investigation?

Confused of Brussels

They only go after your working practices if they can't get you on the contract. If the contract is duff they will use that as evidence that you are caught by IR35 since that is what you are contractually obliged to do.

[Fleetwood]

They only go after your working practices if they can't get you on the contract. If the contract is duff they will use that as evidence that you are caught by IR35 since that is what you are contractually obliged to do.

Yes, but if your work practices don't reflect the contract, then they can use that in their favour, but you can't. Is that it? If so, it's hardly "fair".

[DaveB]

Yes, but if your work practices don't reflect the contract, then they can use that in their favour, but you can't. Is that it? If so, it's hardly "fair".

Yep, thats about it. At the investigation stage they arn't looking for a fair solution, they are looking for a reason to start legal action. No it's not fair and you end up arguing the case in court. You'd probably still win but do you really need the aggravation of a court case when you can get your contract checked quickly easily and relatively cheaply?

[Mordac]

Also if you have had you contract checked and passed, they can't do you for interest & penalties, only the actual tax on the deemed salary. *******.