New contract for same job

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BillHicksRIP replied

21 June 2006, 14:32
Lovely. Thanks for the reply, Mordac.
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Mordac replied

21 June 2006, 12:02
Originally posted by BillHicksRIP

Been offered a renewal, but want to work through MyCo, rather than client->agent->umbrella. Current contract is with Hays that has direction and control statements, but a renewal would have to be based around an IR35-frienldy contract, otherwise I'll walk. I'm aware that IR35 will be applied based on your real working practices, rather than the wording of the contract, and my thinking says that I'm IR35 clear regardless. I tell the client how to do things, I provide my own equipment to test stuff and they defintiely do not pay me if there's no work to do. Can I suddenly go from a contract that's a definite IR35 fail to one that's an IR35 pass while working for the same client, at the same site, and providing the same services?

Yes - previous contracts aren't relevant, only those which apply to your ltd co. I don't know if Hays will change their contracts though. Try Bauer & Cottrell, they will negotiate with the agency on your behalf.
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BillHicksRIP started a topic New contract for same job

21 June 2006, 11:55
New contract for same job

Been offered a renewal, but want to work through MyCo, rather than client->agent->umbrella. Current contract is with Hays that has direction and control statements, but a renewal would have to be based around an IR35-frienldy contract, otherwise I'll walk. I'm aware that IR35 will be applied based on your real working practices, rather than the wording of the contract, and my thinking says that I'm IR35 clear regardless. I tell the client how to do things, I provide my own equipment to test stuff and they defintiely do not pay me if there's no work to do. Can I suddenly go from a contract that's a definite IR35 fail to one that's an IR35 pass while working for the same client, at the same site, and providing the same services?
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