Reply to: Will I get paid if Recruitment Agency and Ltd company cannot agree Terms of Business?

[malvolio]

True - but that comes under the Advanced Thinking heading in this particualr case, else he wouldn't have been there in hte first place!

[Sockpuppet]

This is not a f***ing game, learn the f***ing rules. For example the first one is don't do anything without a signed contract.

Or just make sure the T&Cs on the table are yours when you start.

[Sockpuppet]

If it's your ltd then who are the guys that run it???

Sockpuppet is going to hit the roof over this one

No, far too tired. Had to cope with London WC1X postcode in a 40ft artic yesterday (see the rant about to appear in General)

[ssrai]

Greetings,
I'm currently in my 4th week of a 9 month contract.

The chaps looking after my Ltd company have been snowed under with all the legislation changes and have not had the chance to review the terms of business provided to them via the recruitment agency that I found my current assignment through.

If my Ltd comany guys reject the terms of business from the agency, and the agency reject any amendments to the terms of business made by my ltd company guys (which unfortunatley happened back in 2003 for another contractor), will i still be paid for the days i've worked?

if so, i'm assuming that the payments cannot go through my Ltd company (seeing as the terms of business have not been aggreed). Therefore, will the agency need to pay me direrctly into my current account?

Any feedback on this matter would be much appreciated

Right, things are hotting up for the wrong reasons.

Brooksons are invoicing the agency, but the agency is refusing to do anything with the invoices recieved from brooksons due to them not having terms and conditions agreed with my limited company (via the compliance department at brooksons, who have not had a chance to look at the T&C's yet).

The agency believe brooksons will not recommend I adhere to the agencies T&C's (as what happened to another contractor back in 2003). Therefore, what legal right do i have to make a claim for the money I am owed for the 4 weeks that I have worked?

[malvolio]

Don't ask...

[Old Greg]

Agree and disagree on this one Mal...for two reasons...

1. If it means starting somewhere when I have nothing else on and would otherwise be sat at home watching Loose Women (on the TV unfortunatly) then I would consider myself to have nothing to lose and be prepared to do a day or two prior to receiving the contract...

2. I like to run my business based on trust and calculated risk...yes you should probably be cynical in business and over the years I have been stitched once or twice, but generally speaking it means I can live my life looking for the good in people which is a nice place to be.

There are however two golden rules with this approach though...

1. Do not moan or bitch about it or look for sympathy when it goes belly up...you make the choice then you live with the consequence.

2. Make a note of the people that stitched you up (not just a mental one in case you forget) and one day make sure you date their daughter or steel their wife.

'steel their wife' or does 'steel' have a meaning I'm not aware of?

[Vito]

Well I should take it and go find a permanent job. Given the level of understanding of freelancing you've demonstrated so far, you will be in big trouble very soon.

This is not a f***ing game, learn the f***ing rules. For example the first one is don't do anything without a signed contract.

Have a nice day y'all...

Agree and disagree on this one Mal...for two reasons...

1. If it means starting somewhere when I have nothing else on and would otherwise be sat at home watching Loose Women (on the TV unfortunatly) then I would consider myself to have nothing to lose and be prepared to do a day or two prior to receiving the contract...

2. I like to run my business based on trust and calculated risk...yes you should probably be cynical in business and over the years I have been stitched once or twice, but generally speaking it means I can live my life looking for the good in people which is a nice place to be.

There are however two golden rules with this approach though...

1. Do not moan or bitch about it or look for sympathy when it goes belly up...you make the choice then you live with the consequence.

2. Make a note of the people that stitched you up (not just a mental one in case you forget) and one day make sure you date their daughter or steel their wife.

[malvolio]

Well I should take it and go find a permanent job. Given the level of understanding of freelancing you've demonstrated so far, you will be in big trouble very soon.

This is not a f***ing game, learn the f***ing rules. For example the first one is don't do anything without a signed contract.

Have a nice day y'all...

[ssrai]

You are bound by the contract, by default, because you have started. Even if you haven't signed. What does the contract say about notice.
On a practical side, IR35 may not be as much of a panic as you think.
For example, you work 1 month under IR35, invoicing say £3000
Provided, during the year that happens you have paid yourself (gross including employers NI)
£3000 - 5% allowance - valid expenses (travel & subsistence etc)
there is NO IR35 lliability.
My understanding anyway!

i've got a 4 week notice period, which aint too bad i suppose

[ssrai]

Why would Brookson sign your contract? They are there to advise and have no actual control over your ltd company or it's contracts, if they have then its an MSC which are no longer legal.

Brookson aren't signing the contract, they're looking at the Terms of business provided by the recruitment agency and looking at the terms from an IR35 compiance perspective (i.e whether agency and brookson can 'do business'). If Brookson give the thumbs up, then the actual contract will be signable without any issues.

[dmini]

You are bound by the contract, by default, because you have started. Even if you haven't signed. What does the contract say about notice.
On a practical side, IR35 may not be as much of a panic as you think.
For example, you work 1 month under IR35, invoicing say £3000
Provided, during the year that happens you have paid yourself (gross including employers NI)
£3000 - 5% allowance - valid expenses (travel & subsistence etc)
there is NO IR35 lliability.
My understanding anyway!

[BrilloPad]

seeing as the T&C's/Contract hasn't been signed by me/brookson, i'm assuming that there is no notice period and i can leave by current contract with immediate effect?

what does their proposed contract state? It does seem from the outside that you want to accept one part of the contract(the money) without accepting the other(notice).

Hopefully it wont came to that - T&Cs agreed...

[gingerjedi]

seeing as the T&C's/Contract hasn't been signed by me/brookson, i'm assuming that there is no notice period and i can leave by current contract with immediate effect?

Why would Brookson sign your contract? They are there to advise and have no actual control over your ltd company or it's contracts, if they have then its an MSC which are no longer legal.

[ssrai]

because you have started they have in effect agreed there is a contract. They may not like terminating the agreement quickly - how much notice do you have to give?

seeing as the T&C's/Contract hasn't been signed by me/brookson, i'm assuming that there is no notice period and i can leave by current contract with immediate effect?

[gingerjedi]

Kyajae, so you're saying that i should get paid via my ltd company/business bank account, even though they do not have a binding agreement with the recruitment consultancy, and may conclude that the T&C fall inside IR35, thus opening themselves up for HMRC investigation?

No matter what brookson's say even if they advise you're outside IR35 and HRMC decide to investigate you will carry the can not them.

IR35 is a state of mind, ultimately it’s up to you if you want to be treated as inside or outside IR35 and as long as you feel you can justify being treated as outside than what’s the problem? Remember it's your ltd company not theirs.