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Previously on "Problem Clause in Contract"

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  • gricerboy
    replied
    Well guess what?

    I told them I wouldn't sign it. Now had a call to say that the amendment has been made after all

    Leave a comment:


  • MrRobin
    replied
    Originally posted by Platypus View Post
    I've used these people before, they're excellent, and leaders in the field
    Bauer & Cottrell - Expert IR35, Section 660 and Employment Status Advice
    WHS

    Leave a comment:


  • Platypus
    replied
    I've used these people before, they're excellent, and leaders in the field
    Bauer & Cottrell - Expert IR35, Section 660 and Employment Status Advice

    Leave a comment:


  • malvolio
    replied
    Originally posted by Craig@InTouch View Post
    Its free of charge
    But hopefully worth rather a lot more than that!

    InTouch know what they're doing and can be trusted, but there's a list of PCG Accredited Accountants on their website who have had the necessary training to make such assessments. Although a trial period is not actually an IR35 pointer either way, IMVHO, merely due diligence by the end client.

    Leave a comment:


  • Craig@Clarity
    replied
    Originally posted by gricerboy View Post
    How much do you charge?
    Its free of charge

    Leave a comment:


  • gricerboy
    replied
    Originally posted by Craig@InTouch View Post
    I think QDOS provide their opinion purely on the basis that the contract reflects the actually working practices (but I could be wrong).

    Many specialist contractor accountants can provide you an IR35 review
    How much do you charge?

    Leave a comment:


  • Craig@Clarity
    replied
    I think QDOS provide their opinion purely on the basis that the contract reflects the actually working practices (but I could be wrong).

    Many specialist contractor accountants can provide you an IR35 review

    Leave a comment:


  • gricerboy
    replied
    Originally posted by Craig@InTouch View Post
    Your IR35 status would be assessed on your actual working relationship with your end client and what happens on a day to day basis on site under the 3 main areas I mentioned previously.

    If it helps, I would recommend seeking a second opinion and then you can compare the review.
    Know anyone who can provide the service? First opinion came from QDOS.

    Leave a comment:


  • Craig@Clarity
    replied
    Your IR35 status would be assessed on your actual working relationship with your end client and what happens on a day to day basis on site under the 3 main areas I mentioned previously.

    If it helps, I would recommend seeking a second opinion and then you can compare the review.

    Leave a comment:


  • gricerboy
    replied
    Originally posted by Craig@InTouch View Post
    Is the contract between your company and an agency or direct with the end client?

    In my opinion, it can't simply fail on the small clause that says "trial period". The three basic areas when looking at IR35 is control, requirement for personal service (substitution etc) and MOO.
    With an agency. But the problem clause is worded by the end client.

    Leave a comment:


  • Craig@Clarity
    replied
    Is the contract between your company and an agency or direct with the end client?

    In my opinion, it can't simply fail on the small clause that says "trial period". The three basic areas when looking at IR35 is control, requirement for personal service (substitution etc) and MOO.

    Leave a comment:


  • gricerboy
    started a topic Problem Clause in Contract

    Problem Clause in Contract

    I've had my contract review by a legal expert and they say it fails the IR35 test owing to 1 small clause. The contract mentions a trial period. This, apparently, is problematic. If it were reworded to initial period it would pass. Unfortunately this is a clause worded by the client and they're not prepared to change it (big company hence box ticking culture). Given that the rest of the contract is ok I'm tempted to stay out of ir35 and hope I can defend myself in event of investigation. Any thoughts?

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