Reply to: Already signed the contract with agency, client wants me to sign again

[7of9]

Thank you all

Thank you all for the replies. I left it with my agent and he got the legal department involved. So the new contract person from the client co has confirmed that I can ignore her new contract.

Case closed

[BolshieBastard]

There's no way on earth I would sign this 'other' contract. If it wasnt in the orignal (which I wouldnt haved signed either if they were), there's no way some HR tart is going to change conditions afterwards.

And as for directing it to the agent, well, I think the OP has just opened themselves up to more aggro if as I expect, the agent says it ok to sign (expect the agent to side more often than not with the hand that feeds it).

If it was going to be referred to the agent, I would have made the agent aware that

1, I wouldnt be signing it
2, The agent needs to tell the client the contractor has no intention of signing and isnt going to sign it
3, They agent needs to inform clients HR that this is a non starter.

[Wanderer]

Can you expand on that?

It could possibly be better put that being caught by IR35 is decided on you failing ALL of the key tests, Moo, RoS, Direction and Control.

If you can pass just one of the three key tests (prove absence of Moo, realistic RoS or lack of Direction and Control) then you fall outside IR35 though of course the more defences you have the better.

[northernladuk]

<waits for Malvolio or NLUK to post link to CUK guides/>

To be fair I wasn't going to do this as he has been around long enough to know better but I couldn't just put the suicide icon on as that wouldn't be very helpful.... but I can now

[Sockpuppet]

Sign both. Bill twice. Sorted.

[SueEllen]

Can you expand on that?

Look over their on the right ->

There is a panel called "CUK Navigation". Click on the the link that says "IR35/S660/BN66" and start reading.

Alternatively you could use the search facility for the forum.

[d000hg]

<waits for Malvolio or NLUK to post link to CUK guides/>

[JamJarST]

IR35 is not decided on you failing any one of the key tests.

Can you expand on that?

[d000hg]

IMHO it definitely puts you inside IR35. It is clear direction and control and also would imply MOO. I would refuse to sign on those grounds alone.

IR35 is not decided on you failing any one of the key tests.

[7of9]

My agent has asked me not to sign anything until their legal department gets back to him. He said I should not have two agreements signed and it may put me in IR35.

[TheFaQQer]

If you are a member of PCG then I'd speak to their legal advice line and see what they recommend - being able to say to her that you've taken professional advice might hold a bit more sway than a bunch of nutters on the internet say it's rubbish.

[JamJarST]

They are talking...Apparently she said its OK to sign the side agreement, but my 'pimp' said it may put me in danger of IR35..

Lets see....

IMHO it definitely puts you inside IR35. It is clear direction and control and also would imply MOO. I would refuse to sign on those grounds alone.

[7of9]

Agree with this and what everyone else said. Tell her to "talk to the pimp" because you aren't signing anything directly with the client who you have no contractual relationship with and you are certainly not going to enter into any agreement in any capacity other than a Limited Liability Company.

If they didn't negotiate properly with the agency then they need to sort that out, not come direct to you with a pile of twaddle.

They are talking...Apparently she said its OK to sign the side agreement, but my 'pimp' said it may put me in danger of IR35..

Lets see....

[Wanderer]

She's having a laugh. If you want to avoid a lengthy discussion, just say your contract with the agency forbids you signing things directly with the client, so she'll have to contact the agency.

Agree with this and what everyone else said. Tell her to "talk to the pimp" because you aren't signing anything directly with the client who you have no contractual relationship with and you are certainly not going to enter into any agreement in any capacity other than a Limited Liability Company.

If they didn't negotiate properly with the agency then they need to sort that out, not come direct to you with a pile of twaddle.

[kingcook]

On the client’s contract, she rewrote the Duties, Termination, location service occurs, and how many days I can be absent. She added additional contractual conditions which is a big red flag for me.

Increase your rate by 30%/40%/50% or whatever you feel appropriate now that you could possibly fail IR35 tests WRT control???