Reply to: Badenoch & Clark - Standard Contract Fails IR35?

[DaveB]

Well mine is with a large mechanical eningeering firm so I'll probably end up with a bunch of hairy arsed blokes up to their elbows in Swarfega.

[Sockpuppet]

Well at the moment they are on a 50% ratio of contracts :: plenty of talent

So its looking good.

[DaveB]

I've got an interview lined up via B&C next week. Does nubile young tottie come as standard with their contracts then?

[Sockpuppet]

Ok, stuff IR35. This office is stocked with sub-25 year old honeys (well it is a fashion office).

I think I can last this for 3 months.

[Sockpuppet]

Why for goodness sake? contracts never take more than a couple of days to sort out: especially if you hold back your services until everything's ready.

Well I could use the money. A lot better than driving even on IR35 rates. About twice as good even paying all that tax.


If I wasn't wanting to go back to the client where I have worked before (its a decent project) then I'd kick off more.

If they say no to the changes I'll just use it as 3 months to find another project - being on the bench was starting to get boring.

[TheFaQQer]

Why for goodness sake? contracts never take more than a couple of days to sort out: especially if you hold back your services until everything's ready.

Exactly - I held out for a few days on the current gig, and got the contract that I wanted rather than the blatantly IR35 caught contract on offer. I don't work without a contract in place, so there is never any ambiguity about what terms were agreed and what weren't.

[thunderlizard]

Going to start tomorrow with no contract

Why for goodness sake? contracts never take more than a couple of days to sort out: especially if you hold back your services until everything's ready.

[TheFaQQer]

(A Novice Writes): Isn't starting a gig without the paperwork all done & dusted asking for big trouble?

Yes.

Next.

[DBA_bloke]

(A Novice Writes): Isn't starting a gig without the paperwork all done & dusted asking for big trouble?

[Hex]

You should send the agency an e-mail (a letter may be better but given the timescale I don't think you can do this). In the e-mail tell them you are starting work romorrow on the understanding that the changes that you require will be made to the contract, and that if they do not make those changes then the contract is null and void.

If you don't do this you will have accepted their contract without the changes by implication by virtue of having started work.

[Sockpuppet]

Right.

Been bashing on at this all week - must say I'm very impressed with Sarah @ Bauer & Cottrell

Going to start tommorrow with no contract....seems to be a running theme here given my last contract with Badenoch I had no contract.

They are getting the directors of Badenoch & Clark to agree if thier terms and conditions do indeed fall foul of IR35 then there is a possibility that they may be updated / changed if they agree for the terms that me and Sarah are pushing for.

Plus one I am there working for the client it may give me more bargaining power.

Will keep you guys updated as it could affect some contractors on here that are contracting through Badenoch & Clark who may not be outside IR35.

*DISCLAIMER: I'm not saying the contract fails for definate..I dont know if its been tested by HMRC and judged on. This was just result of my due-dilligance at the start of the contract".

[TheFaQQer]

Thanks for the replys guys.

The legal department are refusing to put these extra clauses into as they are the "same as already in there, just worded differently".

After reading Qdos comments about representative then I'm really only going to push for the MOO one to be copied into the assignment.

If they are the same, just worded differently, then there should be no objection to changing it!

Walk.

[Old Greg]

I have a Badenoch and Clark contract (IR35_TOB)

On the 1st page in its definition of terms it says:

Representative means the person or persons named in the Assignment Schedule and supplied by the Supplier in the provision of the
Services for the purposes of the Assignment, or any other individual so supplied in accordance with this Agreement,
as agreed with B&C from time to time (which agreement may only be withheld on reasonable grounds related to
the qualifi cations and experience of the proposed substitute Representative). The Supplier remains responsible
for sourcing and remunerating such replacement Representative, and for the Services performed utilising such
replacement Representative.

Sorry for the formatting. That should in my view cover Right of Substitution. Any views, anyone?

[Sockpuppet]

The MOO clauses seem to specify what happens after the contract has finished. You still have MOO during the contract.

Thanks for the replys guys.

The legal department are refusing to put these extra clauses into as they are the "same as already in there, just worded differently".

After reading Qdos comments about representative then I'm really only going to push for the MOO one to be copied into the assignment.

[VectraMan]

The MOO clauses seem to specify what happens after the contract has finished. You still have MOO during the contract.