Hays contract: PSCToASR_02-12

[kingcook]

I've recently been speaking to Hays about a contract, and I got them to send me a copy of the standard one (without schedule obviously).

Has anyone had this checked for IR35 compliance?

There's a couple of terms i'm not sure about, and wondered if anyone had an opinion before I go down the route of having an interview, etc!

...and before anyone asks, I will be getting it professionally reviewed before signing

NOTE: "The Company" refers to my limited company.

3.5 The Company shall be able to provide a substitute for the Relevant Consultant where necessary provided always prior written approval is given by the Client (such approval not to be unreasonably withheld or delayed) and provided always that the substitute has at least the necessary skill set, qualification and experience to perform the services and complies with and adheres to the requirements of the Client and the terms of Assignment. Notwithstanding any substitution, the Company and the Relevant Consultant shall remain responsible for the services provided.

6.2 The Company shall provide the Employment Business with reasonable notice of any period of absence that the Relevant Consultant plans to take and no absence may be taken without mutual consent of the Company and the Employment Business. No payment will be made by the Employment Business to the Company for any period which the Company fails to perform the services, including agreed annual leave.

[kingcook]

This one too:

3.2 Whilst the Company's method of work shall be its own, the Company undertakes to procure that any Relevant Consultant will: (a) co-operate with the Client's staff and comply with any reasonable request of any responsible person in the Client's organisation

[northernladuk]

Any of these help?

https://www.google.co.uk/search?q=ha...hrome&ie=UTF-8

Just bung it over to QDOS and use one of your free contract checks that you get with your PI/PL insurance.

[bobspud]

I am sorry to tell you that I had to tell this lot to jog on at Christmas time. The contract they sent me was rubbish and of little use from an IR35 perspective. They also will not change it regardless of who speaks to them so my advice is send it for a review but keep looking for a another role.

[kingcook]

I am sorry to tell you that I had to tell this lot to jog on at Christmas time. The contract they sent me was rubbish and of little use from an IR35 perspective. They also will not change it regardless of who speaks to them so my advice is send it for a review but keep looking for a another role.

I had a read through of your thread earlier in the year:

http://forums.contractoruk.com/busin...sctoa1011.html

I even replied on it at the time saying i'd avoid Hays

This appears to be an updated version of the one you mentioned though.

The agent did mention that they will never alter the terms in the contract, although can add things to the schedule, "as long as they don't override any of the terms in the contract" (or words close to that effect).

[kingcook]

Any of these help?

https://www.google.co.uk/search?q=ha...hrome&ie=UTF-8

Just bung it over to QDOS and use one of your free contract checks that you get with your PI/PL insurance.

Cheers, NLUK. I did do a search, see post above. Just wondered if anyone had experience of the new contract.

I considered using my free contract check but it's only a pass/fail with not much detail (i've had one before, hmmm actually, i'm sure I read somewhere on here that they highlight anything major even in the free check).

[bobspud]

I had a read through of your thread earlier in the year:

http://forums.contractoruk.com/busin...sctoa1011.html

I even replied on it at the time saying i'd avoid Hays

This appears to be an updated version of the one you mentioned though.

The agent did mention that they will never alter the terms in the contract, although can add things to the schedule, "as long as they don't override any of the terms in the contract" (or words close to that effect).

This was what they initially said to me. Then when I pointed out all the crap I didn't like * There was tonnes * they just said so are you signing it or what? becasue we are not changing it, thats when they got told to jog on.

I really would not touch Hays at all now because despite what they change in the lower contract I will never trust them to honour their contract in the customer one.

[TheFaQQer]

3.5 looks OK to me.

Don't like 6.2 since it doesn't allow for any absence without both client and agency approval, regardless of reason. Don't mind the bit about telling them, but I've never even told an agency when I'd be on holiday.

Don't like 3.2 which is a bit too controlling for my liking.

[kingcook]

3.5 looks OK to me.

Don't like 6.2 since it doesn't allow for any absence without both client and agency approval, regardless of reason. Don't mind the bit about telling them, but I've never even told an agency when I'd be on holiday.

Don't like 3.2 which is a bit too controlling for my liking.

I don't like 6.2 the most.

Re: 3.2, I could argue that anything that isn't in the contract (i.e. working on xxx project, to be defined in the schedule) is not "reasonable".

[jamesbrown]

"Agreed annual leave"

Yeah, I'd run it by one of your free QDOS reviews if you have any, as it depends on the contract in its entirety, but there are issues there.