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A Cautionary Tale

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    A Cautionary Tale

    I'm currently about to start my 4th extension down at The Back of the Walls in Scummerville.

    When I started, just over a year ago, I had my contract professionally assessed by QDOS and, after a few tweaks, they passed it as being IR35 compliant. These tweaks mainly consisted of shoring up the project schedule with a bit more flesh so that my duties were less nebulous than the original service description of "systems developer".

    Then I had an extension. And three months later I was offered, and accepted, another one. I signed both without getting them checked out as I was told they were the same as the original and, indeed, a cursory glance showed that my custom schedule was still in place.

    Well, now I've been renewed again and this time I can see that there are a couple of new pages in the connract. Client specific stuff. First thing I did was to go through the paperwork for the first 2 extensions to make sure that I hadn't in error previously accepted and signed a version of the contract containing these additional sections. I hadn't so, panic over.

    Now it's back to QDOS to see if I'm still in scope. The real bummer is that I've had to fork out money for all this and O don't know what I'm going to do If they don't pass it.

    The question is, do you always check your contract extensions and do you always get them professionally reviewed if there is a change in the wording, no matter how small?

    I have to confess. I haven't been on the ball as I should have been but I think I've got off likely and, down to serendipity alone, I noticed this change and acted accordingly.

    #2
    The question is, do you always check your contract extensions and do you always get them professionally reviewed if there is a change in the wording, no matter how small?
    Haven't you answered your own question?

    QDOS give you 3 free a year if you take your insurance out with them so yes I do throw it over them just for diligence, even if it is word for work. If I had to pay for it then I like to think I know enough to make a call but if I was even slightly unsure in it goes. It's £99 well spent IMO.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #3
      Originally posted by northernladuk View Post
      Haven't you answered your own question?

      QDOS give you 3 free a year if you take your insurance out with them so yes I do throw it over them just for diligence, even if it is word for work. If I had to pay for it then I like to think I know enough to make a call but if I was even slightly unsure in it goes. It's £99 well spent IMO.
      You don't get the 3 free a year anymore.

      You get one per policy so I have one with my professional indemnity insurance and another with my public liability insurance.

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        #4
        Originally posted by Gittins Gal View Post
        You don't get the 3 free a year anymore.

        You get one per policy so I have one with my professional indemnity insurance and another with my public liability insurance.
        Ohh looks like you are right! Little tinkers. Kept that one quiet.

        Public and Employers Liability - Public Liability Insurance - Employers Liability Insurance - Liability Insurance - Qdos Consulting
        'CUK forum personality of 2011 - Winner - Yes really!!!!

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          #5
          Do you sign the new contract too? or just the schedule? I got sent a new schedule and the contract was in the email too, but they only asked for the schedule to be signed and that's all I returned. I would assume (perhaps incorrectly) that unless I sign a new contract i'm still bound to the original (hence it being an 'extension' - not a new contract?).

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            #6
            Originally posted by northernladuk View Post
            If you take out TLC35, though, it says that you don't need to have a contract review.
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              #7
              Originally posted by SpontaneousOrder View Post
              Do you sign the new contract too? or just the schedule? I got sent a new schedule and the contract was in the email too, but they only asked for the schedule to be signed and that's all I returned. I would assume (perhaps incorrectly) that unless I sign a new contract i'm still bound to the original (hence it being an 'extension' - not a new contract?).
              Hmmm... inneresting.

              I don't physically sign the contracts, I go online and accept them. I can see that the first 2 extensions just consisted of the schedules, thus implying that the original contract was still in force. My most recent extension includes the contract with 2 new sections.

              As an aside, because I accept the contract electronically, should I also sign a hard copy and keep it for posterity?

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                #8
                Originally posted by Gittins Gal View Post

                The question is, do you always check your contract extensions and do you always get them professionally reviewed if there is a change in the wording, no matter how small? ...
                I never sign contract extensions - The agent religiously posts them each time, and I equally religiously put them on the confidential scrap pile under my desk. That way, legally, the original contract terms apply by default (besides the dates).
                Work in the public sector? Read the IR35 FAQ here

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                  #9
                  Is this sockie still here
                  Knock first as I might be balancing my chakras.

                  Comment


                    #10
                    I receive each extension and ask if there are any changes. Whatever the agent says I convert it to text format and run a diff on it to make sure.

                    Then I contact QDOS and tell them what is happening and ask whether they need to rereview it. They usually say and confirm it is still covered, once they reviewed it and then said it was still covered.
                    "He's actually ripped" - Jared Padalecki

                    https://youtu.be/l-PUnsCL590?list=PL...dNeCyi9a&t=615

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