Contract advice much appreciated

[northernladuk]

Thanks very much all, northernlad in particular. Insurance is already in place and I had already sent the docs to QDOS & realised that I should have given the agency an ultimatum earlier but I know for next time! QDOS couldn't do it this afternoon so I spoke to the end client and he is fine with the start date moving back a day or two so hopefully it will all work out.

Thanks again

Happy days. Nice one.

[Trebor]

Thanks very much all, northernlad in particular. Insurance is already in place and I had already sent the docs to QDOS & realised that I should have given the agency an ultimatum earlier but I know for next time! QDOS couldn't do it this afternoon so I spoke to the end client and he is fine with the start date moving back a day or two so hopefully it will all work out.

Thanks again

[MrMarkyMark]

It is not uncommon for quick interviews to an early start. I've had more gigs that interviewed Wednesday and wanted to start on Monday than not. Some did, some didn't.

What you have to do is be prepared and act fast. First off you should have been chasing the agent hard and advising unless you get the contract in REASONABLE time you won't be starting Monday. That usually gives them the kick they need. You need to advise them that you need to do a contract check and need to get insurances (as required) in place so a contract at lunch on Friday is NOT acceptable.

Now you are in this situation you need to get your ducks in a line. That means get yourself the insurances as dictated by the contract and have the contract reviewed by QDOS. They are contract professionals and will advise the IR35 situation. It's too late to be asking a forum 3 hours before you start. QDOS do a 24 hour turn around for a few extra dollars which in my experience took less than an hour when I advised my situation. They are very good at this type of thing. Get it in to them NOW. With a good wind it will pass, you sign and you turn up on Monday. At worst it will fail and you (or them) need to negotiate with the agent to get the clause changed. The agent is losing money if you don't attend so you should get some good attention from him.

Above all you need to be taking action now and wringing it's neck, not posting on an online forum.

And BTW, IMO, you cannot go in on Monday until this is sorted. Once you've turned up you have absolutely zero chance of making any changes. If it means you are inside IR35 you are going to lose a lot more money than one day billing.

Get on the phone to QDOS...

Agreed. This is exactly the stance my missus took from the start and had no issues, she took charge from the start and negotiated.
It should be noted QDOS were excellent and turned the thing around in 2 hours. It failed on what I had predicted, before she sent it, however I'm sure QDOS would have made a better job of sorting it than me.
Contract clauses changed due to review, reduction in length of payment terms.

Hell, she's even more compliant than me these days .

[northernladuk]

It is not uncommon for quick interviews to an early start. I've had more gigs that interviewed Wednesday and wanted to start on Monday than not. Some did, some didn't.

What you have to do is be prepared and act fast. First off you should have been chasing the agent hard and advising unless you get the contract in REASONABLE time you won't be starting Monday. That usually gives them the kick they need. You need to advise them that you need to do a contract check and need to get insurances (as required) in place so a contract at lunch on Friday is NOT acceptable.

Now you are in this situation you need to get your ducks in a line. That means get yourself the insurances as dictated by the contract and have the contract reviewed by QDOS. They are contract professionals and will advise the IR35 situation. It's too late to be asking a forum 3 hours before you start. QDOS do a 24 hour turn around for a few extra dollars which in my experience took less than an hour when I advised my situation. They are very good at this type of thing. Get it in to them NOW. With a good wind it will pass, you sign and you turn up on Monday. At worst it will fail and you (or them) need to negotiate with the agent to get the clause changed. The agent is losing money if you don't attend so you should get some good attention from him.

Above all you need to be taking action now and wringing it's neck, not posting on an online forum.

And BTW, IMO, you cannot go in on Monday until this is sorted. Once you've turned up you have absolutely zero chance of making any changes. If it means you are inside IR35 you are going to lose a lot more money than one day billing.

Get on the phone to QDOS...

[MrMarkyMark]

Get it reviewed. Do it properly right from the start. Once you start forget about getting anything changed!

Correct, you have an inferred agreement of the original contract once you turn up on site.

[stek]

Get it reviewed by QDOS, if it means delaying the start date so be it.

+1

Remember too it's not just the wording of the contract, more important are the actual working practices when on-site. Your contract could pass IR35, but if your 'boss' 'controls' you in an employee-like manner, that will put you inside IR35.

[OrangeSquash]

Get it reviewed. Do it properly right from the start. Once you start forget about getting anything changed!

[SlipTheJab]

Get it reviewed by QDOS, if it means delaying the start date so be it.

[Trebor]

Hi all,

I am due to start my first contract role on Monday but have only just received the contract and am expected to return a signed copy of the accompanying schedule by end of play today. Is this usual? I would have thought you would normally get more time to review. Or does signing the schedule not bind me to the terms of the contract until I sign that. I would presume they'd want me to sign that before I start though or do you sometimes start before signing a contract?

Looking through the contract I wondered if this was usual:

The Contractor acknowledges to the Employment Business that its services are supplied to the

Employment Business as an independent contractor and that accordingly the responsibility of

complying with all statutory and legal requirements relating to its Representatives (including

the payment of taxation) shall fall upon and be discharged wholly and exclusively by the

Contractor. In the event that any person should seek to establish any liability or obligation

upon the Employment Business on the grounds that the Contractor’s Representatives are an

employee of the Employment Business, the Contractor shall upon demand indemnify the

Employment Business and the Client and keep it indemnified in respect of any such liability

or obligation and any related costs expenses or other losses which the Employment Business

shall incur.

In other words, if this contract turns out to be inside IR35, I will have to play the client's NICs as well as my own? Does this mean they are less likely to have covered all their bases in terms of IR35?

The contract forbids me from sub-contracting:

Not to sub-contract to any third party any of the services which it is required to perform under any Assignment.

Would this legally prevent me from supplying another person to cover me in case of illness? Or would that be OK as long as they are on my payroll and not operating through their own LTD?

Finally, is this likely to fall foul of IR35?

To be present during the times or for the total number of hours during each day and/or week of the Assignment as may be agreed with the Employment Business or the Client.

Thanks in advance for any help.