The Decision Tool :)

[Whorty]

That clause should be in all compliant contracts but how many people have every had to do it? None that I know of. And be honest. You'd expect to put months of work in if you made a mistake. I doubt it.

I'm surprised that carries any weight TBH.

Not necessarily true. We all work (I assume) a professional working day .... this is not 8 hours, but the hours required to do the work. I can work 6 hours or 14 or anywhere in between. If I have cocked up, or have to make amends, then I do this in my own time with no extra pay from the client. Don't we all work like this?

[SueEllen]

but you need to read the question. Would your client actually take your mate instead without an interview. That is never going to happen and it was always disingenuous to say it would. Even a big firm will have to ask to move their minions out...

The other one that works is if you get lots of help from someone in delivering your work and you have to pay them. So my down fall in the past is people helping me as a favour and not billing me.

[RonBW]

I suggest everyone opts out [emoji23][emoji23][emoji23]

I thought everyone opted out? An agent told me that they did!

[MrMarkyMark]

IIRC that was an exclusion, i.e. it can't be someone connected to the client, although I'd need to recheck...

Would be interested in the definition of "connected"

[Andy Hallett]

In reality the agency will complete the assessment and pass to the client and contractor for acceptance and review respectively. As the broker they'll collect both sides of the information.

Agents will need to be mindful of the GAAR when performing their function in this.

[GB9]

In reality the agency will complete the assessment and pass to the client and contractor for acceptance and review respectively. As the broker they'll collect both sides of the information.

Agents will need to be mindful of the GAAR when performing their function in this.

So what happens if the contractor disagrees? I assume they just look elsewhere and the agent tries a different candidate?

On a point raised by others earlier, for interviewing, there is an accepted difference between an introduction and a formal interview. It would be unreasonable to expect a client to take anyone on site without a quick chat first. This wouldn't qualify as an interview.

[psychocandy]

Interesting points on the RoS...

How many people are going to be able to answer this question though? Unless you've used a sub.

I'm betting a lot of people have a sub clause but have never used it. Or would never plan to.

How do you know client would accept someone else if you haven't specifically asked them? I had an off the record conversation a few weeks ago with client manager about this.

First he only had a vague idea that it was in the contract. I explained how it all worked and his answer was "hmm dunno, depends I suppose".

[psychocandy]

Wheres the bit about correcting work in your own time?

All I got was this (for my last gig)


Which of these describes you best?
The worker
Has the worker already started this particular engagement for the end client?
Yes
How does the worker provide their services to the end client?
As a limited company
Is the worker or their business an office holder for the end client?
No
During this engagement has the worker's business arranged for someone else to do the work instead?
No - it's never happened
Would the end client accept the worker's business sending someone else to do this work instead?
Yes
Would the worker's business have to pay the person who did the work instead of them?
Yes

[barrydidit]

How many people are going to be able to answer this question though? Unless you've used a sub.

I'm betting a lot of people have a sub clause but have never used it. Or would never plan to.

How do you know client would accept someone else if you haven't specifically asked them? I had an off the record conversation a few weeks ago with client manager about this.

First he only had a vague idea that it was in the contract. I explained how it all worked and his answer was "hmm dunno, depends I suppose".

It's not you who is filling this in though is it?

[Qdos Contractor]

Wheres the bit about correcting work in your own time?

All I got was this (for my last gig)


Which of these describes you best?
The worker
Has the worker already started this particular engagement for the end client?
Yes
How does the worker provide their services to the end client?
As a limited company
Is the worker or their business an office holder for the end client?
No
During this engagement has the worker's business arranged for someone else to do the work instead?
No - it's never happened
Would the end client accept the worker's business sending someone else to do this work instead?
Yes
Would the worker's business have to pay the person who did the work instead of them?
Yes

You only get that far if you don't have substitution.