SDS prior to signing the contract

[northernladuk]

Is it worth insisting for an SDS from the client before I sign the contract?

Absolutely. We've already had two instances of people starting gigs and the SDS coming inside later down the line and it's a complete mess. I wouldn't be entertaining any gig without an SDS before signing. The idea that the decision can be made after the contract has started is just madness and even more so to start without one IMO.

Can the SDS be changed before the first client -> agency payment, if it has already been issued?

It could but if you've signed a contract based on the SDS then it's binding. You'd have to get paid for the time you worked based on the contract so you'd get your money outside. They'd have to issue a new determination and contract for the new SDS at which point you have a choice.

That said. If the client admits it's inside later you could argue you've been inside all along so maybe the time you worked wouldn't be paid outside. Either way I'd be suing the agent for the difference between the inside and outside money. You signed a contract with an expectation of X money and the end and they owe you that whatever they do.

There is also the fact that there is some onus on the client to carry out the SDS with reasonable care. If they change in a few weeks in you could also argue they have not met that obligation and other legal avenues open. I don't think a client will be changing their mind lightly.

Can clients change the SDS? It would appear so. Should clients be changing SDS's? I hope to god not.

[jamesbrown]

Yes and yes.

The SDS can actually change at any time (e.g., if the working practices change), but that might end up creating a liability for the supply chain (e.g., if the working practices didn't change and the earlier SDS was wrong).

[zonkkk]

I may be landing some outside IR35 work soon. This would be through an agency.

Is it worth insisting for an SDS from the client before I sign the contract?
Can the SDS be changed before the first client -> agency payment, if it has already been issued?