Reply to: What is A Pay Between Assignments model in accordance with Regulation 10 of the AWR?

[northernladuk]

128

[WTFH]

You won’t be able to claim training as rechargeable expenses plus VAT. Maybe sell your mother in law’s flat in Edinburgh to repay the loan first.

[northernladuk]

^ this but I imagine if he'd read any of the multitude of threads offered and had a play with the search he would found that out awhile ago

[mudskipper]

You do not want to be subject to AWR. The clue is in the name - Agency Worker Regulations. If you are a 'worker' it will be very difficult to argue that you are outside IR35.

Opting out is a different thing - the two are often confused - you can (or not) opt out of the Agency Conduct Regulations.


You cannot opt out of AWR- if you are a worker, then your 'employer' has legal obligations around holiday pay, minimum wage etc, etc. If you're not a worker then AWR should not apply.

[Lance]

Now is this that same thing? I think not.
I was thinking it is not wise to opt out?

Perhaps you should seek professional advice if not sure.
Get the blasted thing reviewed. It's either free, or £125.

[pscont]

Why don't you just opt out of AWR?

Now is this that same thing? I think not.
I was thinking it is not wise to opt out?

[northernladuk]

Why don't you just opt out of AWR?

[pscont]

If you're outside IR35 then AWR will have no effect as it's an employment thing.

If you're "between assignments" you're not working, and therefore not billing. If they pay you for not working, and you're still outside IR35 then great. I can't see how that clause could bring you inside as any one of the 3 (MoO, SDC and RoS) could still be OK.

IANAL. Get it checked out by a professional.

Exactly, IR35 status is solid. The question was about AWR. I am not signing anything with it. By the way I dont want any payments between assignments - this is stupid. Also I am sure they are not pushing to pay me if not working.
Has anyone received a contract with such a clause (AWR)?

[Lance]

The contract is outside IR35 event without this AWR clause - it has every clause ensuring this - lack of direction and control, lack of mutuality of obligation, Right of Substitution. Moreover the nature of work is such that this will be set in stone working practice.

So I dont see how AWR will affect IR35 status.

If you're outside IR35 then AWR will have no effect as it's an employment thing.

If you're "between assignments" you're not working, and therefore not billing. If they pay you for not working, and you're still outside IR35 then great. I can't see how that clause could bring you inside as any one of the 3 (MoO, SDC and RoS) could still be OK.

IANAL. Get it checked out by a professional.

[pscont]

Does it say you will get those payments, or won't?
How does it stack up as a complete contract against an IR35 review?
And seriously? You want us to tell you whether to sign it or not? Get it reviewed by a professional if you're not sure. We can't help unless you post the whole thing, and then I doubt you'll get much more response than a lot of "tl;dr"s.

You'll probably have a free review from your PI insurance company.

The contract is outside IR35 event without this AWR clause - it has every clause ensuring this - lack of direction and control, lack of mutuality of obligation, Right of Substitution. Moreover the nature of work is such that this will be set in stone working practice.

So I dont see how AWR will affect IR35 status.

[Lance]

Call me stupid, I have seen/read these and still dont get it.
All my contracts so far dodn mention anything like this.
So should not sign this one with all this AWR stuff in it?

Does it say you will get those payments, or won't?
How does it stack up as a complete contract against an IR35 review?
And seriously? You want us to tell you whether to sign it or not? Get it reviewed by a professional if you're not sure. We can't help unless you post the whole thing, and then I doubt you'll get much more response than a lot of "tl;dr"s.

You'll probably have a free review from your PI insurance company.

[eek]

From the first link of my google search https://www.citizensadvice.org.uk/wo...ent-contracts/

I've picked this one as citizen's advice continually deal with low pay issues so have a decent understanding on how to explain things in suitably small words.

As for signing a contract or not that's up to you...

[pscont]

Call me stupid, I have seen/read these and still dont get it.
All my contracts so far dodn mention anything like this.
So should not sign this one with all this AWR stuff in it?

[northernladuk]

Tons of interesting stuff about AWR here.
http://www.contractoruk.com/agency_workers_regulations/

[Lance]

Try here.

haha. The top link is for this very thread.