Signing a second Contractor Schedule of work for the client

[dagenheis]

Hi,
I am working for a client through an agency. I, as a director of my company, have signed a Schedule of work document with the Agency which is accompanied by a pretty standard "Contractor terms and conditions document"

Now agency has sent me couple of documents:
1) Security declaratation - Giving client consent to do background checks in future if needed. This is being signed between the contractor (not limited company) and the client.

2) Contractor Schedule of work - Undertakings of Temp staff: This covers clauses about confidential information IP, and restriction to work for client's client.

Both document are to be signed by the contractor (no mention of Limited company) and that's how they have been referred to in the documents. The dates even include the previous contract date with the same client (retrospective dates)

The documents as such cover standard stuff so we are not much bothered about signing them. But we want to ascertain that there are no IR35 implication. Few other contractors have contacted their agency as well but they are being told that the contract with the agency should take precedence so it should be all good.

Has anyone else come across this situation before with regards to the IR35 status?

[northernladuk]

I see no problems in signing these. Both are aimed at the person so the company can't sign. You could have 10 people in there, they all have to have a statement of work and all have to abide by security procedures and policy. I am surprised there isn't a H&S one there as well to show you have read and understood health and safety policy on site.

These are to cover the company and you personally. If you log someone else in to the system under your password it is your responsibility not the company's.

There are no IR35 issues in signing these as long as you make sure they are pretty standard stuff. Any business huge or tiny would have to have their guys sign it so is no indication or has no affect on whether you are working as a company or not IMO.