Why don't agencies make contracts more IR35 friendly?

[JamJarST]

On the other hand, since signing the contract, I'm now getting other forms which they say need signing: an opt out form (that doesn't bother me, I've read all about that and know they can't force me), and a form they call a Confidentiality Agreement which has been written by client. I don't like how they call it a confidentiality agreement, I think it has miles more IR35 sensitive stuff than just data/security issues in it.

Why do you think the Confidentiality Agreement puts you inside IR35??

[PTP]

I only have had one contract offered to me where the client had written it and didn't want to change it. Oddly I didn't accept it.

The agency I'm about to start a contract with have been very flexible and I was pleasantly surprised that they accepted having clauses that added to their obligations

On the other hand, since signing the contract, I'm now getting other forms which they say need signing: an opt out form (that doesn't bother me, I've read all about that and know they can't force me), and a form they call a Confidentiality Agreement which has been written by client. I don't like how they call it a confidentiality agreement, I think it has miles more IR35 sensitive stuff than just data/security issues in it.
2 annoying things about this are: (a) Means maybe I should pay for yet another review, (b) I bet a FTSE100 client is far less likely to be willing to adapt their terms than this tiny agency has been.

Anyhow, I'm not too bothered or nervous this time because I can see many ways that this job is miles more IR35 friendly than my first job .
Just wanted a moan about being expected (by agency and client) to sign other terms written by client, after agreeing terms with agency,

[SueEllen]

I know an agent will always look after their own interest's first and formost, but why don't they make their standard contracts more IR35 friendly to save the inevitable hassle that comes from a contractor having to get it reviewed etc?

Some agencies are too cheap to hire a lawyer to write a contract for them.
So they edit a standard template themselves (well it clearly looks like it due to the change in language) and the additions put the contract inside IR35.

I have had contracts where it's clear that either a lawyer did write it, or they left the template alone.

I only have had one contract offered to me where the client had written it and didn't want to change it. Oddly I didn't accept it.

[nomadd]

I know an agent will always look after their own interest's first and formost, but why don't they make their standard contracts more IR35 friendly to save the inevitable hassle that comes from a contractor having to get it reviewed etc?

My last two contracts have been very IR35 friendly, so much so that I've skipped any form of review.

The one I was offered in between these two was terrible in terms of IR35, so I turned it down. Agent couldn't do anything to change it, as the client was insisting the contract was written that way and they wouldn't accept any changes.

At the end of the day, most agencies would prefer a nice "outside IR35" contract, as they want to win the business. But it's normally the clients that are the problem. At least in my experience.

[kingcook]

I know an agent will always look after their own interest's first and formost, but why don't they make their standard contracts more IR35 friendly to save the inevitable hassle that comes from a contractor having to get it reviewed etc?

I've only dealt with 2 agencies and they had pretty good IR35 friendly contracts.

Maybe some agencies just don't care because 1) most contractors don't fully understand IR35, and/or 2) IR35 doesn't affect them anyway.

Just my thoughts....

[SimonMac]

I know an agent will always look after their own interest's first and formost, but why don't they make their standard contracts more IR35 friendly to save the inevitable hassle that comes from a contractor having to get it reviewed etc?