Going direct - can you avoid AWR?

[scooby]

Correct me if i am wrong but i think you will find AWR kicks in after 3 months (12weeks) so somone somewhere as it wrapped right round their ar*e and don't know what their talking about, if your deemed to be self employed (outside IR35, Limited company )your outside AWR anyway regardless of the time, i seem to think this as been discussed before as some banks seem to have this issue with extending past 18 months

As i said, HR are special... But am going direct so shouldnt be an issue any more.

[Support Monkey]

their HR dept is special, and limit all contractors to 18mths to avoid their interpretation of AWR.

if i go direct as a "services provider for procurement and implementation" than Prog Mgr would this remove me from AWR as i'd classed be a 3rd party supplier?

Basically, it is likely i could be there for a long period, last time was 2.5yrs. They are handing me a large piece of work to procure and implement the solution and realise the strategic view.

Oh, and PCG B2B contracts need an IR35 review?

Cheers,
Scoobs

Correct me if i am wrong but i think you will find AWR kicks in after 3 months (12weeks) so somone somewhere as it wrapped right round their ar*e and don't know what their talking about, if your deemed to be self employed (outside IR35, Limited company )your outside AWR anyway regardless of the time, i seem to think this as been discussed before as some banks seem to have this issue with extending past 18 months

[LisaContractorUmbrella]

their HR dept is special, and limit all contractors to 18mths to avoid their interpretation of AWR. There is no 'interpretation of AWR - certain rights are afforded from Day 1 of the contract and others (including a right to equal pay, holidays and working time) come into force after 12 weeks at the same site in the same job

if i go direct as a "services provider for procurement and implementation" than Prog Mgr would this remove me from AWR as i'd classed be a 3rd party supplier? If there was no recruitment agency involved and you work through a Ltd Co, no problem

Basically, it is likely i could be there for a long period, last time was 2.5yrs. They are handing me a large piece of work to procure and implement the solution and realise the strategic view.

Oh, and PCG B2B contracts need an IR35 review?

Cheers,
Scoobs

If there is an agency involved then the fact that you work through your own Limited Company will make no difference unless you are not under the supervision or direction of the hirer

[scooby]

If you're using the PCG B2B contract, then I'd argue that that was due diligence enough, to be honest.

Since I've not had that opportunity, I send mine to Qdos for a check.

Yeah, I've just come to that conclusion. There are also new letters to address the AWR with the customer, so am using those too! It's all with the client now, so its now hurry up and wait time!

[TheFaQQer]

I get all my contracts reviewed, even if it is an extension and they have copied the old one. It is free with QDOS and shows that I have provided due diligence if I get investigated. Yeah you can argue it is pointless and due diligence won't mean squat etc but its free and if there is even the slightest hope then it's worth doing.

Don't forget the 24 month rule if they offer you a 2.5 year contract

If you're using the PCG B2B contract, then I'd argue that that was due diligence enough, to be honest.

Since I've not had that opportunity, I send mine to Qdos for a check.

[northernladuk]

Post this on PCG forums and Iain from the office may offer to educate your client on there draft understanding of AWR !!!

Can you post that again and correct all the errors so it makes sense please.

[tarbera]

Are you a PCG member?

Post this on PCG forums and Iain from the office may offer to educate your client on there draft understanding of AWR !!!

[northernladuk]

Oh, and PCG B2B contracts need an IR35 review?

I get all my contracts reviewed, even if it is an extension and they have copied the old one. It is free with QDOS and shows that I have provided due diligence if I get investigated. Yeah you can argue it is pointless and due diligence won't mean squat etc but its free and if there is even the slightest hope then it's worth doing.

Don't forget the 24 month rule if they offer you a 2.5 year contract

[kingcook]

I was under the impression that AWR does not affect contractors operating via their limited companies? (*)

Can't you inform your [potential] client's HR dept of this?

(*) providing that you're in business of your own account

[scooby]

their HR dept is special, and limit all contractors to 18mths to avoid their interpretation of AWR.

if i go direct as a "services provider for procurement and implementation" than Prog Mgr would this remove me from AWR as i'd classed be a 3rd party supplier?

Basically, it is likely i could be there for a long period, last time was 2.5yrs. They are handing me a large piece of work to procure and implement the solution and realise the strategic view.

Oh, and PCG B2B contracts need an IR35 review?

Cheers,
Scoobs