Agent not forwarding Confirmation of Arrangements

[SarahL2012]

Went to client directly

Hi,

I had a similar issue recently (on both CoA and opt-in). I insisted on opting in and then drafted the CoA letter myself and emailed it through to my client contact with a covering email explaining why I would like one put in place. I explained the advantages from the client perspective were that if HMRC investigated me or them 6 years down the line, both parties have a piece of paper proving there is no employment relationship. I didn't present it as a 'done deal', just something we could discuss. I should say that I was already on the client site at the time so it was easier to to have those discussions than if I was a complete stranger.

I also put one in place for a contract I did a couple of years ago where I knew the Director who had brought me in was looking to leave. I actually put that one in place right at the end of the contract, so if you think the client might be more receptive to it further down the line you could try that. The advantage of doing it that way is you can confirm what your working practices actually were than what you are expecting them to be - which might be more acceptable to them.

Most agencies appear to want all the IR35 friendly clauses in the contract but really don't care as to whether or not the working practices are in line - so long as they get their fees!

Sarah

[Wanderer]

The agent was willing to sign it but I can't see that being any use. I already have a contract with them so proves nothing. The final statement I got was that I have no contracutal link with the client so they could not forward it on.

Get them to sign it if they are willing to do this. You can then take it to the client yourself if you want.

They state they have nearly 2k contractors and no one has ever asked for CoA or to stay opted in.

Yeah, they all say that about the opt out.

[NCOTBAC]

Your contract is with the Agency and not with the end client and they (and you) are bound by the terms and conditions contained therein; you have no contractual relationship with the end client. As you have opted in the agency have a financial responsibility to you regardless of any issues with the end client so I cannot really see what you hope to achieve by forcing the issue.

I am hoping to confirm with the client that they are willing to adhere to the terms of the contract and avoid a situation such as the JLJ case where the working conditions are correct i.e. the RoS being a sham in that case.

I haven't forced the issue yet as I am looking to see if this is normal or an unreasonable stance from the agency. I don't see working hard at covering my business from an IR35 stance as forcing issues, it's good diligence surely.

It could be that no agent does it, I just found the agents lack of understanding of opting in and CoA's strange and situation where negotiation could have affected the outcome. If they had said yes we fully understand CoA's and refuse to do it because of 'x' then fine. Saying they had never seen one could still be worked.... unless the feedback I get is that no one can get them past the agent.

Further question to this, more out of interest than anything though... If they refuse to do a CoA and it turns out in the end that the client would never have accepted a sub as per the contract is there some comeback on the agent for giving me an improper contract even though I tried to qualify the situation?

[LisaContractorUmbrella]

Your contract is with the Agency and not with the end client and they (and you) are bound by the terms and conditions contained therein; you have no contractual relationship with the end client. As you have opted in the agency have a financial responsibility to you regardless of any issues with the end client so I cannot really see what you hope to achieve by forcing the issue.

[NCOTBAC]

I have a weird situation where the agent refuses to pass a Confirmation of Arrangements letter to the end client. I have already had a bit of a fight with not being forced to Opt Out but am taking advice from QDOS on that but they state they have never had a contractor wanting to stay opted in before and have never seen a CoA letter request either. My contact said it wouldn't look good to the client if I wanted to confirm I could put a sub in so pointed out it's in the contract, in fact all of it was in the contract so no surprises. I also forwarded some links to comments from Baur and Cottrel as well as other pages explaining what a CoA is for. The agent didn't want to Opt In as they stated the client would be worried about being responsible if I was found to be inside Ir35 so explained this letter further helps the client distance themselves from me etc but hit a brick wall.

The agent was willing to sign it but I can't see that being any use. I already have a contract with them so proves nothing. The final statement I got was that I have no contracutal link with the client so they could not forward it on. I advised this is exactly why I need a CoA. Again am speaking to QDOS for some back up on this. Waiting for the contract review to see how that stands up.

They state they have nearly 2k contractors and no one has ever asked for CoA or to stay opted in. That makes me want to do both even more to differentiate myself from the flock.

Anyone else had this issue? I am guessing I should get some help from the PCG here?