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Most contracts being advertised as Outside IR35 - Azure/Cloud Consultant
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"I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
- Voltaire/Benjamin Franklin/Anne Frank... -
Originally posted by wiffwaffwaa View Postwhat do you mean by the client "hitting the agent" and "in turn hitting you"?
If the changes go ahead then at least one thing is crystal clear, the onus is on the client. I don't see how they can hit you, so to speak, in any way following April 1st. This sounds like speculation.
People have been telling me that this is not enforceable as end-client cannot transfer liability to another party, but who knows. I would prefer not to have such clause in the first place.Last edited by JamesBrown11; 8 January 2020, 21:52.Comment
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Originally posted by JamesBrown11 View PostI've seen contracts (from two different agencies) that included "IR35 Indemnity" clause. By signing the contract you agree to protect the end-client and agency from any employment/IR35 related tax liability.
People have been telling me that this is not enforceable as end-client cannot transfer liability to another party, but who knows. I would prefer not to have such clause in the first place.Comment
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Originally posted by pscont View PostChances of me signing a contract with such a clause are pretty slim indeed.Comment
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Originally posted by JohntheBike View Postyou cannot sign away any of your statutory rights.Comment
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With regard to the 'Okay fine it's outside IR35' scenario. My experience is many roles are inside IR35 because the client is unwilling to flex on certain things. Where the skill set is niche the desire to flex will be higher and thus the role status will change because the client changes the role. We are advising clients you have to flex on either: 1. resource - get less resource, less skill etc. 2. Cost - pay consultancy, increase rates etc. or 3. Working arrangements - engage in a truly B2B manner and you can get the same resource at the same cost.
With regard to the contract issue - you can indemnify another party against their statutory liability but you cannot take on the liability directly so it would work where agency is found liable, pays statutory liability and invoices PSC, depending on the structure of the clause they may have to demonstrate loss, cause or nothing at all. If the PSC doesn't exist when the liability arises they have no recourse, similarly if there are no assets. These clauses are, in my view, not worth inclusion. If an agency is genuinely concerned they should get insurance.Comment
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Originally posted by eek View PostERP / Business Central or CRM / CE / Powerapps?Comment
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Originally posted by Paralytic View PostWhilst I agree with the principal that a client/agency should not be able to simply pass on any risk via a clause in the contract, what specific rights are being signed away, given this is a business to business contract?Comment
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Originally posted by ComplianceLady View PostWe are advising clients you have to flex on either: 1. resource - get less resource, less skill etc. 2. Cost - pay consultancy, increase rates etc. or 3. Working arrangements - engage in a truly B2B manner and you can get the same resource at the same cost.Comment
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Originally posted by dsc View PostFrom your experience, roughly, what's the percentage spread across all three flex options? I kind of have a feeling not a lot of companies go for option no 3, which to me is the simplest (also the one which I think a lot of companies have a problem with for some reason).Comment
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