Will I get paid if Recruitment Agency and Ltd company cannot agree Terms of Business?

[ssrai]

Greetings,
I'm currently in my 4th week of a 9 month contract.

The chaps looking after my Ltd company have been snowed under with all the legislation changes and have not had the chance to review the terms of business provided to them via the recruitment agency that I found my current assignment through.

If my Ltd comany guys reject the terms of business from the agency, and the agency reject any amendments to the terms of business made by my ltd company guys (which unfortunatley happened back in 2003 for another contractor), will i still be paid for the days i've worked?

if so, i'm assuming that the payments cannot go through my Ltd company (seeing as the terms of business have not been aggreed). Therefore, will the agency need to pay me direrctly into my current account?

Any feedback on this matter would be much appreciated

[Kyajae]

Greetings,
I'm currently in my 4th week of a 9 month contract.

The chaps looking after my Ltd company have been snowed under with all the legislation changes and have not had the chance to review the terms of business provided to them via the recruitment agency that I found my current assignment through.

If my Ltd comany guys reject the terms of business from the agency, and the agency reject any amendments to the terms of business made by my ltd company guys (which unfortunatley happened back in 2003 for another contractor), will i still be paid for the days i've worked?

if so, i'm assuming that the payments cannot go through my Ltd company (seeing as the terms of business have not been aggreed). Therefore, will the agency need to pay me direrctly into my current account?

Any feedback on this matter would be much appreciated

YOU started a contract without going through the T&Cs???

[gingerjedi]

If it's your ltd then who are the guys that run it???

Sockpuppet is going to hit the roof over this one

[ssrai]

Brookson are the guys looking at the T&C's.
If they think the T&C's are inside IR35, thats fine by me - i'll just find another contract.

The central issue here is whether i'd get paid for the days i've already worked?

[Kyajae]

Brookson are the guys looking at the T&C's.
If they think the T&C's are inside IR35, thats fine by me - i'll just find another contract.

The central issue here is whether i'd get paid for the days i've already worked?

Of course you should. And if you don't, you write a polite letter to the boss of Brookson explaining that if things aren't resolved, you'll be paying him a personal visit to rub his gentials vigourously with a cheese grater.

(Sanme tactic works if the boss is female too)

[ssrai]

Kyajae, so you're saying that i should get paid via my ltd company/business bank account, even though they do not have a binding agreement with the recruitment consultancy, and may conclude that the T&C fall inside IR35, thus opening themselves up for HMRC investigation?

[BrilloPad]

Kyajae, so you're saying that i should get paid via my ltd company/business bank account, even though they do not have a binding agreement with the recruitment consultancy, and may conclude that the T&C fall inside IR35, thus opening themselves up for HMRC investigation?

because you have started they have in effect agreed there is a contract. They may not like terminating the agreement quickly - how much notice do you have to give?

[gingerjedi]

Kyajae, so you're saying that i should get paid via my ltd company/business bank account, even though they do not have a binding agreement with the recruitment consultancy, and may conclude that the T&C fall inside IR35, thus opening themselves up for HMRC investigation?

No matter what brookson's say even if they advise you're outside IR35 and HRMC decide to investigate you will carry the can not them.

IR35 is a state of mind, ultimately it’s up to you if you want to be treated as inside or outside IR35 and as long as you feel you can justify being treated as outside than what’s the problem? Remember it's your ltd company not theirs.

[ssrai]

because you have started they have in effect agreed there is a contract. They may not like terminating the agreement quickly - how much notice do you have to give?

seeing as the T&C's/Contract hasn't been signed by me/brookson, i'm assuming that there is no notice period and i can leave by current contract with immediate effect?

[gingerjedi]

seeing as the T&C's/Contract hasn't been signed by me/brookson, i'm assuming that there is no notice period and i can leave by current contract with immediate effect?

Why would Brookson sign your contract? They are there to advise and have no actual control over your ltd company or it's contracts, if they have then its an MSC which are no longer legal.