Knowledge of the agency - client contract terms

[northernladuk]

Not attempting to incurr the wrath of TM but....

Working Practice > Contract. It could be written in blood. If the client won't accept it it doesn't matter what contract it is in.

[TestMangler]

This is a particular favourite of mine

During an IR35 enquiry that i know of, HMRC branded a sub clause in a standard Hays contract (HIT/25 for anyone who knows what that means) as it didn't match the agency/client contract. However, a contractor invoked that substitution clause and used it in the correct manner. i.e. sub came in to replace the contractor, sub invoiced contractor, contractor invoiced agency in the normal manner and even turned a small profit. HMRC were pissed off to say the least ?

Their contention that my sub clause was a sham, was proven to be a sham.

[Butcheroo]

I found the dragonfly case interesting in that the fact the contractor had a substitution clause which was meaningless as this did not match the terms the agency had with the client

Has anyone asked the agency themselves for a copy of their terms with the client. Is this typical and do they normally permit that?