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Recent content by timek

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    Insurance for non payment from Client/Agency

    Right so to the question at hand - bar the opt out, are there recommended insurance providers who cover against non payment of invoice?
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    Insurance for non payment from Client/Agency

    Thanks for the note, I want to avoid the factoring option however that is not available as most roles are not direct client going bust and not direct is the main pot i guess that everyone falls into, however its the opt out again - agencies now a days put contracts in front of you with opt...
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    Insurance for non payment from Client/Agency

    Hi Guys, Just wondering if there are recommended insurance policy in case the agency or client goes bust? I know PCG offer something similar but that only covers if the agency goes, but wondering if there is a more tailored policy provider that other use.... Thanks
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    Opt out of Conduct of employment agencies 2003 act?

    Wanderer, I agree with your comments, its more prudent to reduce your risk, no matter what the size of Buiness, every company tries to reduce risk in any contract to ensure limited financial impact. HMRC site doesnt mentioned anything about opt out / in being a factor in its IR35 decission...
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    Opt out of Conduct of employment agencies 2003 act?

    IR35 statement from agency site, opting out of Regulation 32, means that you are deemed to be self-employed in your own right and not a worker. Whilst there is no direct link between IR35 and the Conduct Regulations, to pass the HMRC test on employment status you need to take on business risk...
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    Advice on Complex Situation

    new contract with whom? Remember in the old contract it says you cant work for someone who we introduced to for a period after the contract ends.... also if opt out is valid than this clause applies.... else as per wanderers suggestion need to confirm if opt out is valid.
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    Advice on Complex Situation

    not yet.... as they also have in the contract they will not pay if they believe that consultancy will not pay them...... so nothing from them yet.
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    Advice on Complex Situation

    thanks for the helpful advise - agency is playing hard ball, so will speak to the client to see how serious they are about retaining me .... and take it from there. The only worry is the restrictive covenant clause, dont know how enforcable / unenforcable it is. dont want to be dragged into a...
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    Advice on Complex Situation

    client has agreements with other consultancy and would like to continue that model rather than direct with agency. client has offered to move the contract to another consultancy who they have existing relationship with.... and work via thier agents
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    Advice on Complex Situation

    Restrictive clause is with the agency - as thats who i have contracted though. Ideally as long as I am paid and things continue i wouldnt mind continuing i.e. contractor -> old agency -> new consultancy -> old end client. the contract has now been terminated by agency.... so in effect I have...
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    Advice on Complex Situation

    contractor -> agency -> consultancy -> end client. - consultancy gone - agency / contract terminate - they have a clause - end client would like to retain services, cannot seem to work for end client due to restrictive clause in the contract
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    Advice on Complex Situation

    Problem is how go about this long term as even though contract is no existent now and money still owed, I still will not be allowed to contract to the client directly or via another agency.
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    Advice on Complex Situation

    should have used your way of explaining - contractor -> agency -> consultancy -> end client. 1) consultancy gone 2) agency terminated contract - contract clause states in case contract between agency and consultancy is terminated, agreement shall terminate with immediate effect. No...
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    Advice on Complex Situation

    I am fairly new to all of this so wanted some advise. So some background first. In a long contract, opt out signed, things going ok. 2 month later, the company I was contracting for has gone in to Administration, and my contract terminated by the agency. Now the end client is still looking...

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