The joys of contracts

[The Spartan]

So I started a new contract at the beginning of the month after having all of June off, to my amazement I was contacted after a few days for another role I'd interviewed for. I said I be willing to consider it if the contract was right as the role is closer to home and commutable on a daily basis if I chose to do that.

Not letting on that I had already started a contract and I told the agency I couldn't proceed as the contract was utter tulipe. They gave me the usual blurb about have they had numerous amounts of contractors on that contract etc and I told them to withdraw me from the role.

I get a call later from the agency saying the client is willing to go direct with one of their contracts which was ultimately better but still inside the scope of IR35, I sent an email to the client explaining I couldn't go ahead and suffice to say they questioned what advice I was getting as they didn't believe IR35 would relate to a 3 month contract.

I know it's not their problem but I gather it's common that no one outside of here really understands it guess they won't be sending me a xmas card.

[northernladuk]

Is the situation such a clear cut IR35 fail? Was it what they wanted you to do or was all the paperwork just badly written? No wiggle room with them at all?

[The Spartan]

Is the situation such a clear cut IR35 fail? Was it what they wanted you to do or was all the paperwork just badly written? No wiggle room with them at all?

It was badly written and included RoS but the client had to agree it so it wasn't a realistic right, there were pointers towards D&C and the MOO was even clear.

I'm at a decent enough gig at the moment but had to wrangle over the contract details with agency for this one, I thought directly dealing with the client at the other gig with somehow be better. My mistake indeed it seems as though the attitude "Well I'm aright Jack"

[psychocandy]

It was badly written and included RoS but the client had to agree it so it wasn't a realistic right, there were pointers towards D&C and the MOO was even clear.

I'm at a decent enough gig at the moment but had to wrangle over the contract details with agency for this one, I thought directly dealing with the client at the other gig with somehow be better. My mistake indeed it seems as though the attitude "Well I'm aright Jack"

Yep. Thats just it - clients/agents don't give a toss about IR35 or whether it affects us.

BUT, and I know, people are going to disagree with me here but, in my line of work, EVERY contract is a grey area for IR35. I think sometimes although you can hope your outside, you never really know. Depends on how good the gig is though I guess. And PCG/other IR35 coverage is essential!

[northernladuk]

Yep. Thats just it - clients/agents don't give a toss about IR35 or whether it affects us.

BUT, and I know, people are going to disagree with me here but, in my line of work, EVERY contract is a grey area for IR35. I think sometimes although you can hope your outside, you never really know. Depends on how good the gig is though I guess. And PCG/other IR35 coverage is essential!

I don't think people will disagree but I would say it isn't the contract that is grey, the actual work is. Most clients treat us like temp perms so the whole situation is questionable in many cases. It will get worse as contracting continues to be come the defacto standard of putting bums on seats with little risk instead of buying in expert skills they don't have.