contract renewal date query

**Craig@Clarity** · 12 November 2010, 08:35

Originally posted by diesel View Post

quick question.
(i am Ltd Co BTW not IR35 caught)
my current quarter contract expires on the 22th Nov. however, as i am due to go overseas for a few weeks with this client, spoke to agency and they sent me a new contract dated 10th Nov valid for 3mths.

Question does it matter that new contract is dated 12th Nov, or should agent really have made it follow on from existing i.e. dated from 23rd? (if this case it would need to be post dated in advance).

notsure if it matters, but just trying to make sure i am IR35 compliant etc...

I don't think it should affect IR35 compliance (unless this is one of many renewals on the same contract) in this case but rather the fact that the renewal contract is incorrect? Like you, I immediately think that the renewal should naturally follow the expiry date of the current contract. If the dates on the current contract and the renewal overlap, will the renewal contract expire earlier than 3 months from 22 Nov or have they added the 10 days onto the renewal from 12 Nov? If they have added the 10 days then I would assume the renewal will supercede the current contract in place and therefore nothing to worry about.

**diesel** · 12 November 2010, 10:02

hi thanks for reply:

please note this is not the first time i have had my contract renewed with current client. However, previous times i only worked part time basis with client depending on their workload, Also i try to change the project details on each contract so they are different and relate to services performed.
this new contract expires in 12 weeks from the date provided.

**northernladuk** · 12 November 2010, 10:02

First off have you asked them about it? 12 and 22 leades me to think there is typo in here. Interestingly you mention that is dated the 10th in one sentence and 12th in the next. Have you fallen foul of a typo there, if you have then the person dating the contract could have done exactly the same.

The fact you have two contracts running concurrently makes no difference to anything, particularly IR35. That is more about the way you work with the client, not around contract signing dates. What the contract tells you you must do and more importantly what you are told you must do in the office are more IR35 issues.

The only thing I would be bothered about is the fact I am losing 2 weeks of my 3 months to be honest.

**diesel** · 12 November 2010, 10:16

oops i meant the 10th Nov (it was early when i posted this!)
Cant see where i lost the days on the new agreement as each one is only valid for 12 weeks.

**Craig@Clarity** · 12 November 2010, 10:52

Originally posted by diesel View Post

oops i meant the 10th Nov (it was early when i posted this!)
Cant see where i lost the days on the new agreement as each one is only valid for 12 weeks.

12 weeks from 10 Nov means an earlier end date than 12 weeks from 22 Nov.

contract renewal date query