First contract - substitution

**stek** · 27 March 2015, 13:42

Who checked the contract? Qdos?

**MyUserName** · 27 March 2015, 13:46

Originally posted by ORVBA View Post

Hello,

I've always been a permy, over 18years, but decided to make the jump into contracting. Resigned 3 weeks ago after securing my first contract for 6 months. So, due to start next week and the final contract came through for this first assignment today. On the signature page, under special conditions, they have removed the clause for substitution, saying "Clause XX does not apply". I decided to operate through a ltd company and am quite comfortable with the fact I should be outside IR35, following the brilliant advice I've found on websites such as this I realise that this is a very important clause in the contract. Just wondering how to approach this now, should I just ask for the special condition to be removed, or explain myself in any way? To further complicate, the contract isn't with the agency that found me the assignment, it is with the clients outsourced HR provider. If it was the agency I would have been much more comfortable negotiating. Any advice would be much appreciated. Thank you

Tell them that it is a condition of your insurance that that clause must be present.

**Batcher** · 27 March 2015, 13:48

Originally posted by stek View Post

Who checked the contract? Qdos?

He/she said "following the brilliant advice I've found on websites such as this" but didn't mean he/she had actually followed the brilliant advice and had their contract reviewed.

**northernladuk** · 27 March 2015, 13:49

Originally posted by MyUserName View Post

Tell them that it is a condition of your insurance that that clause must be present.

But that's not true.. And even if you could pull it off there is going to be a problem with the contract not matching working conditions.

**stek** · 27 March 2015, 13:49

Originally posted by Batcher View Post

He/she said "following the brilliant advice I've found on websites such as this" but didn't mean he/she had actually followed the brilliant advice and had their contract reviewed.

Damn! Was I too subtle?

**northernladuk** · 27 March 2015, 13:52

Speak to Baur and Cottrell about contract checks. They will do the negotiations on your behalf

It is important but it's not the only Clause. As long as the D&C and MoO is covered you should be OK. Just make sure B&C or maybe QDOS review the rest of the contract for you...

**Batcher** · 27 March 2015, 14:11

Originally posted by stek View Post

Damn! Was I too subtle?

Not for me, I got it right away but whinestrone might have read the thread and you knpw how thick he is

**ORVBA** · 27 March 2015, 14:20

Thanks all

I literally just got the contract in my hands and read it myself before anything else and saw the clausebeing removed on the signature page which prompted my post as it seemed a obvious issue for IR35...following what I've read here.

My question was as a first timer, is how to approach the client about changes. There may well be more after a professional review should I decide to have one, that wasn't my question but yes I was seriously considering it regardless.

**ORVBA** · 27 March 2015, 14:24

Originally posted by northernladuk View Post

Speak to Baur and Cottrell about contract checks. They will do the negotiations on your behalf

It is important but it's not the only Clause. As long as the D&C and MoO is covered you should be OK. Just make sure B&C or maybe QDOS review the rest of the contract for you...

Thanks, I didn't realise they could negotiate on my behalf. Sounds good, just looking them up now.

First contract - substitution