contract required to be IR35 compliant??

[jamesbrown]

I've done a couple of very short gigs (< 2 weeks) with no contract, but they've been direct. I generally try and get a PO for that kind of stuff.

This is invariably the approach I adopt when doing short-term, fixed price, work. Ideally, attach your own T&C when returning the signed PO. For very small projects - certainly fixed price projects - it's probably not worth worrying about IR35 (although it certainly applies to all contracts).

[fidot]

For such a short contract, it probably doesn't matter.

For such a short contract, it probably doesn't matter from an IR35 perspective, but it does for payment terms etc. as others have said.

e.g. assuming a four week contract @£2000/week = £8000.

As long as the salary you pay yourself over the full tax year is at least 95% of £8000 (i.e. £7600), you have met your IR35 responsibilities.

Obviously, if this contract extends to be more than 4 weeks or you have multiple inside-IR35 contracts, that becomes any issue.

[tractor]

..

I've done a couple of very short gigs (< 2 weeks) with no contract, but they've been direct. I generally try and get a PO for that kind of stuff.

Equally valid and a PO will undoubtedly reference terms of business and payment terms which is absolutely fine

[mudskipper]

I've done a couple of very short gigs (< 2 weeks) with no contract, but they've been direct. I generally try and get a PO for that kind of stuff.

[Eirikur]

Agents ALWAYS tell me they have never heard of a contractor NOT opting out before.

And they ALWAYS tell me their contracts are IR35 safe, (they always fail the Qdos reviews, to which they reply this has never happened before )

[tractor]

.....

I've just got off the phone, and have been told that the combination of the confirmation email they send out with the terms and conditions document they link to form the agreement.

They say they have done this for literally thousands of assignments.

Sounds a little fishy to me. Just don't know if it's going to be worth putting through the legal checking process...

Agents ALWAYS tell me they have never heard of a contractor NOT opting out before. They lie. Routinely.

To be as safe as you can, you need a contract that details at least the nature of the work, payment details and schedules and notice period(s) if any. If the combination of their email and linked document does not confirm those, you may be at risk. It may all work out, but if it doesn't you have less chance of getting your money without a fight.

[TheFaQQer]

I was under the impression I need a contract, that was specifically IR35 compliant. Can anyone confirm please??

You don't need a contract at all. For IR35, you need the working conditions to be IR35-friendly regardless of what any piece of paper says.

The problem with not having anything in writing, though, is when things go wrong - what are the payment terms? What happens if the client doesn't pay the agency? What happens if the agency decide not to pay you?

Having to fight for your money is a lot easier if you have a written contract than if you don't.

[stunews]

I've just got off the phone, and have been told that the combination of the confirmation email they send out with the terms and conditions document they link to form the agreement.

They say they have done this for literally thousands of assignments.

Sounds a little fishy to me. Just don't know if it's going to be worth putting through the legal checking process...

[stunews]

No it's not my first contract.
I would usually get it looked at by QDOS but with a contract this short I'd planned to just give it the once over and look for any references that could be construed as an employee/employer relationship, and for right of substitution.

I was expecting the contract to come through today. So I could give it the once over. The agent has asked if what they've provided is OK. I've replied to say, no, I'd like a contract.

I guess you're right about the short length of the assignment, but I'd rather cross the t's and dot the i's...

[FatLazyContractor]

Well if you've started you have already accepted the contract so no chance of getting it altered now. You are either inside or outside IR35 and you really should be getting it checked by QDOS rather than taking an agents word. Either way it's too late now. Even if they did investigate you the costs for a contract that short won't be that much so I wouldn't worry about it.

My worry in that case would be about non-payment. What will the OP fight against?

[northernladuk]

Well if you've started you have already accepted the contract so no chance of getting it altered now. You are either inside or outside IR35 and you really should be getting it checked by QDOS rather than taking an agents word. Either way it's too late now. Even if they did investigate you the costs for a contract that short won't be that much so I wouldn't worry about it.

[FatLazyContractor]

Also, could you please let us know the name of the said recruiter?

[FatLazyContractor]

I've started a new contract today at rather short notice.
On Friday I asked if the contract was IR35 compliant. They replied yes.
Today I chased them on the contract, but the recruiter has said that they don't send out contracts for short term freelance assignments (4 weeks).
I was under the impression I need a contract, that was specifically IR35 compliant. Can anyone confirm please??

Is this your first contract?

[stunews]

I've started a new contract today at rather short notice.
On Friday I asked if the contract was IR35 compliant. They replied yes.
Today I chased them on the contract, but the recruiter has said that they don't send out contracts for short term freelance assignments (4 weeks).
I was under the impression I need a contract, that was specifically IR35 compliant. Can anyone confirm please??