A Cautionary Tale

[SueEllen]

I don't know why there is a thread about this but I will bite.

I don't trust agents.

So every time I get a contract extension I check to see if they have changed anything.

I only had one agent do this on me so far.

I crossed out the changes, signed the contract and sent the contract back to arrive on the date the new contract was to start.

The agent got p*ssed so said I was still on the old contract until the new contract could be agreed.

The changes in the contract were basically more admin and some additional clauses for me. Eventually only one of the changes I agreed to which was about admin.

The agent then did this again when I got another extension with different clauses. So I did it again.

I didn't get the changes reviewed for IR35 because I didn't see the need to get something like you must send in a paper copy of your invoice and time sheet as well as an electronic copy as something that needed to be reviewed. (I told the agent to f*** off over this with a good legal reason why the paper copy wasn't going to be posted over.)

[MyUserName]

I receive each extension and ask if there are any changes. Whatever the agent says I convert it to text format and run a diff on it to make sure.

Then I contact QDOS and tell them what is happening and ask whether they need to rereview it. They usually say and confirm it is still covered, once they reviewed it and then said it was still covered.

[suityou01]

Is this sockie still here

[OwlHoot]

The question is, do you always check your contract extensions and do you always get them professionally reviewed if there is a change in the wording, no matter how small? ...

I never sign contract extensions - The agent religiously posts them each time, and I equally religiously put them on the confidential scrap pile under my desk. That way, legally, the original contract terms apply by default (besides the dates).

[Gittins Gal]

Do you sign the new contract too? or just the schedule? I got sent a new schedule and the contract was in the email too, but they only asked for the schedule to be signed and that's all I returned. I would assume (perhaps incorrectly) that unless I sign a new contract i'm still bound to the original (hence it being an 'extension' - not a new contract?).

Hmmm... inneresting.

I don't physically sign the contracts, I go online and accept them. I can see that the first 2 extensions just consisted of the schedules, thus implying that the original contract was still in force. My most recent extension includes the contract with 2 new sections.

As an aside, because I accept the contract electronically, should I also sign a hard copy and keep it for posterity?

[TheFaQQer]

Ohh looks like you are right! Little tinkers. Kept that one quiet.

Public and Employers Liability - Public Liability Insurance - Employers Liability Insurance - Liability Insurance - Qdos Consulting

If you take out TLC35, though, it says that you don't need to have a contract review.

[SpontaneousOrder]

Do you sign the new contract too? or just the schedule? I got sent a new schedule and the contract was in the email too, but they only asked for the schedule to be signed and that's all I returned. I would assume (perhaps incorrectly) that unless I sign a new contract i'm still bound to the original (hence it being an 'extension' - not a new contract?).

[northernladuk]

You don't get the 3 free a year anymore.

You get one per policy so I have one with my professional indemnity insurance and another with my public liability insurance.

Ohh looks like you are right! Little tinkers. Kept that one quiet.

Public and Employers Liability - Public Liability Insurance - Employers Liability Insurance - Liability Insurance - Qdos Consulting

[Gittins Gal]

Haven't you answered your own question?

QDOS give you 3 free a year if you take your insurance out with them so yes I do throw it over them just for diligence, even if it is word for work. If I had to pay for it then I like to think I know enough to make a call but if I was even slightly unsure in it goes. It's £99 well spent IMO.

You don't get the 3 free a year anymore.

You get one per policy so I have one with my professional indemnity insurance and another with my public liability insurance.

[northernladuk]

The question is, do you always check your contract extensions and do you always get them professionally reviewed if there is a change in the wording, no matter how small?

Haven't you answered your own question?

QDOS give you 3 free a year if you take your insurance out with them so yes I do throw it over them just for diligence, even if it is word for work. If I had to pay for it then I like to think I know enough to make a call but if I was even slightly unsure in it goes. It's £99 well spent IMO.

[Gittins Gal]

I'm currently about to start my 4th extension down at The Back of the Walls in Scummerville.

When I started, just over a year ago, I had my contract professionally assessed by QDOS and, after a few tweaks, they passed it as being IR35 compliant. These tweaks mainly consisted of shoring up the project schedule with a bit more flesh so that my duties were less nebulous than the original service description of "systems developer".

Then I had an extension. And three months later I was offered, and accepted, another one. I signed both without getting them checked out as I was told they were the same as the original and, indeed, a cursory glance showed that my custom schedule was still in place.

Well, now I've been renewed again and this time I can see that there are a couple of new pages in the connract. Client specific stuff. First thing I did was to go through the paperwork for the first 2 extensions to make sure that I hadn't in error previously accepted and signed a version of the contract containing these additional sections. I hadn't so, panic over.

Now it's back to QDOS to see if I'm still in scope. The real bummer is that I've had to fork out money for all this and O don't know what I'm going to do If they don't pass it.

The question is, do you always check your contract extensions and do you always get them professionally reviewed if there is a change in the wording, no matter how small?

I have to confess. I haven't been on the ball as I should have been but I think I've got off likely and, down to serendipity alone, I noticed this change and acted accordingly.