My 1st contract-checklist

[kellycell]

well obviously the more time you can give them the better, they are only human after all and they may well become your 2nd best friend after your accountant in the cut throat world of contracting.

As a general rule given the contracts i've sent them, if you send them an email stating URGENT and call them up explaining that the start date is imminent they called me back within 2hrs. If you email it to them normally and dont call panicking and flapping then they usually get it looked at that day if not early the day after.

Now depending on how water tight the contract is they will either say yes go ahead, yes it's fine but i'd like these bits re-negotiating or dear god please dont sign this unless you like paying lots of tax.. (not quite the words used, they are far more professional, but you get the idea).

You then have to decide if you wish to start with the ammendments pending or wait (obviously depending on how many changes, but it's your call). They aren't your mum and tell you what to do, they simply read, advise and negotiate if required. You decide if you want to take the risk and start. If you start under a contract that's way outside IR35 you#ll lose all bargaining power to change it.

The quickest i've had it reviewed, agreed and accepted is under 3hrs, that was because the contract was perfectly written () and the start date was the monday (this was the friday). So no negotiating with End Business a simple "yup, here's my signature" and all was done.

Not a direct answer I know but it ultimately depends on how well the contract is written in the first place.

Was this fast service provided by Bauer & Cottrell ?

[chef]

Just out of interest, how quick are they?

well obviously the more time you can give them the better, they are only human after all and they may well become your 2nd best friend after your accountant in the cut throat world of contracting.

As a general rule given the contracts i've sent them, if you send them an email stating URGENT and call them up explaining that the start date is imminent they called me back within 2hrs. If you email it to them normally and dont call panicking and flapping then they usually get it looked at that day if not early the day after.

Now depending on how water tight the contract is they will either say yes go ahead, yes it's fine but i'd like these bits re-negotiating or dear god please dont sign this unless you like paying lots of tax.. (not quite the words used, they are far more professional, but you get the idea).

You then have to decide if you wish to start with the ammendments pending or wait (obviously depending on how many changes, but it's your call). They aren't your mum and tell you what to do, they simply read, advise and negotiate if required. You decide if you want to take the risk and start. If you start under a contract that's way outside IR35 you#ll lose all bargaining power to change it.

The quickest i've had it reviewed, agreed and accepted is under 3hrs, that was because the contract was perfectly written () and the start date was the monday (this was the friday). So no negotiating with End Business a simple "yup, here's my signature" and all was done.

Not a direct answer I know but it ultimately depends on how well the contract is written in the first place.

[Flat Eric]

General word of advice: you've been given the opportunity to enter into a business arrangement. You've not won the lottery. Don't rush anything and don't start work until you've got a double-signed contract that you're totally happy with. If it means delaying a couple of days past the nominal start date, so be it.

Do you do house calls

[thunderlizard]

That's not a contract. It's the schedule page that would accompany the contract, and a covering letter. That's why it says stuff like "Both parties hereby agree that the Services shall be provided in accordance with and subject to the Agency's Terms.", without telling you what the Agency's Terms are.
The point of the schedule is so that they can have a standard contracts, but vary stuff like the name of the client, the payment terms etc. A blank schedule is approx. 0 use.

Ring up the agent again and tell him that when you asked for the contract, you meant "the contract" and not the schedule.

General word of advice: you've been given the opportunity to enter into a business arrangement. You've not won the lottery. Don't rush anything and don't start work until you've got a double-signed contract that you're totally happy with. If it means delaying a couple of days past the nominal start date, so be it.

[miffy]

Bauer & Cottrell are VERY highly recommended

extremely quick service, friendly and explain each the contract to you in none legal speak, £215 (i think? could be £125, not sure from last time) for the contract checked in super fast time and them to negotiate on your behalf with the agency in getting it IR35 friendly if required.

Just out of interest, how quick are they?

[miffy]

I'm still working my notice as permie (after finally seeing the light). I've worked with a fair few contractors over the years and thats what helped pursuade me to join them (that and the continual mistreatment by the naff consultancy who think they own me 24x7).

I was quite surprised by how many of them were paying 40% on their earnings instead of paying someone like B&C and negotiating to get things outside IR35 where possible (which is clearly the thinking persons way of doing it).

Thats the way I'll be going too. It's worth spending a few bob on contract reviews and insurance if the big bad wolf comes knocking!

4 weeks of notice left anyway...

[kellycell]

Are you flatmates with kesm?

Yes, I submitted my post and it was sent to the moderators for review, and did not know how long they would keep it before they posted it.

[chef]

Bauer & Cottrell are VERY highly recommended

extremely quick service, friendly and explain each the contract to you in none legal speak, £215 (i think? could be £125, not sure from last time) for the contract checked in super fast time and them to negotiate on your behalf with the agency in getting it IR35 friendly if required.

That then puts your mind at rest that up to 5 yrs down the line if mr taxman comes a knockin you can have excellent sleep filled nights that he isnt going to suddenly give you a bill for:

tax on income earned @ PAYE (i.e 40% for most contractors)
+ interest from the date you earned it

and even better you know that they're wasting there time in investigating you

OR

you can trust what mr gel pot agency man says and when old Hector comes knocking wanting to review your accounts you can bet your life that

a) gel boy is no longer working at agency
b) agency deny EVER saying it was friendly, they will say its your responsibility to have it checked
c) sods law says it isnt IR35 friendly and so
d) mr taxman grins his evil grin and slaps a £xx,000 bill on you with 28 days to pay

what you gonna do? do you feel lucky punk?

<chef in Dirty Harry mode>

[MrRobin]

Are you flatmates with kesm?

[Flat Eric]

Take as much professional advice as you can.

Speak to an accountant who has experience of dealing with contractors (Nixons Williams , SJD etc, all of which post here ( I'm not advocating one above any others) ).

Speak to Bauer & Cottrell or some other cotnract lawyer.

You may end up spending a few hundred quid but it could save you large amouns of grief and cash later.

ALWAYS get whatever contracts you sign vetted by a lawyer for their IR35 implications. Even if you think you know what those implications are..

M.

[kellycell]

Hi All,

I got my 1st contract (and really pleased with it), although a bit scared to ensure I do everything right.

I have asked the agent to provide me with the contract so I can give it to an accountant to check it if I fall within IR35. What he has given me is a draft blank contract between the agency and myself, which I include below


CONTRACT FOR SUPPLIERS OF TECHNOLOGY SERVICES (‘OPT OUT’)

ASSIGNMENT SCHEDULE

Assignment Reference No. «ContractNumber»
Date of Issue: «TodaysDate»

BETWEEN

Agency Name and Address

AND

Contractor (Ltd. Co.) «LtdCompanyName»

Contractor Address
«ContractorAddress», «ContractorAddress1», «ContractorAddress2», «ContractorAddress3», «ContractorPostCode»

Company Reg. No. «CompanyRegistrationNumber»

Company VAT No. «VATNumber»


TO PROVIDE SERVICES AT:

Client Name «ClientCompanyName»

Client Location
«ClientAddress», «ClientAddress1», «ClientAddress2», «ClientAddress3», «ClientPostCode»


ASSIGNMENT DETAILS:

Personnel «ContractorName»

Services «Position»

Fees £«PayRate»


Start Date «StartDate»

End Date «EndDate»

Assignment Term
Standard Service Week «STDHours»



Special Conditions



«SpecialConditions»


Both parties hereby agree that the Services shall be provided in accordance with and subject to the Agency's Terms. Reference to Terms shall be to the terms set out or referred to in this Assignment Schedule and the standard Terms and Conditions of Business for Contractors – UK Assignments (OPT OUT).


Signed for and on behalf of the Agency
Signed for and on behalf of the Contractor



Date: «TodaysDate»
Date:
Name: John Brouckaert
Name:
Title: Contracts Manager
Title:

«TodaysDate»




Private and Confidential
The Director
«LtdCompanyName»
«ContractorAddress»
«ContractorAddress1»
«ContractorAddress2»
«ContractorAddress3»
«ContractorPostCode»


Dear Sir or Madam:

REF: - Contract No – «ContractNumber»

Congratulations on securing your new assignment.

IMPORTANT INFORMATION REQUIRED FROM YOU (IDEALLY BEFORE YOU COMMENCE AN ASSIGNMENT)

The Conduct of Employment Agencies and Employment Businesses Regulations 2003 require us to obtain from you, confirmation of your identity.

Please therefore provide a clear copy of your passport, which includes the front cover, the page(s) displaying your photograph, nationality and signature and where relevant, pages containing any visas/permits required to work in the UK OR a clear copy of your birth certificate.

In order for the contract to run smoothly and to ensure prompt payment, the following documents also need to be submitted:

1. Please arrange for signature of both copies of the agreement and return one copy.
2. A copy of the Certificate of Incorporation for your Ltd Company.
3. A copy of your VAT registration certificate, if applicable.
4. A copy of your company’s Bank Details.
5. The signed weekly timesheets are to be sent on a weekly basis, while the signed monthly timesheets are to be sent on a monthly basis.
6. Your invoice(s) to accompany the last timesheet(s) for each 4-weekly cycle.
7. You may also be required to provide evidence of any qualifications and training certificates that you hold.

All the above-mentioned documents need to be returned to, the Agency's Address, within 1 week of receiving this pack.

Payment of invoices will be delayed until all the necessary documentation described above has been received.

Please do not hesitate to contact me should you have any queries.

Yours sincerely


«Consultant»
«ConsultantPosition»

Shall I have that checked with an accountant? I just don't see how it will fall within IR35 since the contract does not say much..

Also in the email he mentioned: I will issue you with the Employment Agencies Act regulations. I will need to issue these asap and would suggest you opt out.
What does he mean here?

Also what else do I need to make sure I do/be careful of?

Many thanks all!