A contractor acquaintance has shown me an email whereby an agency has come up with a wheeze that they think exempts them from the AWR. The contractor isn't bothered about comparing their pay/benefits/facilities with the permies on site and is more amused by it than anything. My own contract is clearly outside the AWR for a number of reasons so I've not seen anything like this:
The client is fairly large, it's certainly likely that there are multiple companies in the group and the agency is one of the major ones too. I'm told that the contract is (of course) between the contractor and the agency though the client mentioned in the contract is The Client Ltd not The Client IT Services Limited that the agency talks about. It's likely that the separate legal entity does exist and it's likely that the Agency is contracted to that entity.
Have the agency/client found a work around to the AWR or are they deluding themselves (or even acting unlawfully)?
Would it be an IR35 defence to say that as a contractor you were working for a legal entity that had no employees?
Or would it be seen as just another intermediary and that the final client was in fact a fairly large employer?
What do the panel think?
Originally posted by Agency
Have the agency/client found a work around to the AWR or are they deluding themselves (or even acting unlawfully)?
Would it be an IR35 defence to say that as a contractor you were working for a legal entity that had no employees?
Or would it be seen as just another intermediary and that the final client was in fact a fairly large employer?
What do the panel think?
Comment