IR35 Working Practices Review and Software Code Reviews

[northernladuk]

You never have the upper contract to review as legally you are not party to it so there is absolutely no reason you should be given it.

In the cases where I've seen parts of the upper contract I've already been in the contract and it's accidental.

What you can insist on is that the agent ensures that the upper contract and your contract have terms that are copied and compatible. For example if the upper contract doesn't mention WFH just working on the client site then your contract shouldn't mention that you can WFH. Then if you are allowed to WFH you need to get it recorded as an agreement between you and the client.



The insurer is taking the risk that the agency are not complete liars, and both the upper contract and your contract are compatible.

If there is a case where the agency completely lied even after the contractor has it on record they asked the agency to confirm the contracts were compatible then organisations like ISPSE and FSB, after a long IR35 fight, would happily help you sue the agency. This is because they are membership organisations not just insurers so case law is important to them.

^ This.

They will take the risk because they cannot see it. If you manage to get it and it doesn't the evidence is there and they will walk away. It's a bit similar to RoS. If it's in the contract they will pass it on the assumption the client will honour it and fight it later. If you find out your client won't honour it they won't insure you regardless of what's in the contract.

I'd be surprised if any of the insurers are any different TBH.

[dx4100]

^ This.

They will take the risk because they cannot see it. If you manage to get it and it doesn't the evidence is there and they will walk away. It's a bit similar to RoS. If it's in the contract they will pass it on the assumption the client will honour it and fight it later. If you find out your client won't honour it they won't insure you regardless of what's in the contract.

I'd be surprised if any of the insurers are any different TBH.

Ok that is all cool... I wouldn't expect anything less...

Maybe I was being too anal with what was posted but I got the impression QDOS was saying, if its ever found they don't match they won't pay. Which of course pretty much make the insurance useless to any agency contractor.

[missinggreenfields]

I'd be surprised if any of the insurers are any different TBH.

All insureance is on a good faith basis - you have to tell them anything that might effect the policy or premium. So if you don't know anything about the upper contract, then it can't count against you. If you do and it's bad, then there is every reason for the insurance company not to cover you or to charge a different premium for doing so.

Same for medical / travel / home insurance etc - you can't rely on a "you didn't ask me so I didn't tell you" defence, which you can in some contracts.

[SueEllen]

Ok that is all cool... I wouldn't expect anything less...

Maybe I was being too anal with what was posted but I got the impression QDOS was saying, if its ever found they don't match they won't pay. Which of course pretty much make the insurance useless to any agency contractor.

QDOS are insurers.

Organisations like IPSE are membership organisations who provide insurance offerings as part of their membership.

This subtle difference means they would help you in slightly different ways in the event you can prove the agency lied.

[northernladuk]

Ok that is all cool... I wouldn't expect anything less...

Maybe I was being too anal with what was posted but I got the impression QDOS was saying, if its ever found they don't match they won't pay. Which of course pretty much make the insurance useless to any agency contractor.

But that is incorrect. They said if they don't match they won't insure. If they don't know then they'll take the risk and insure you.

[dx4100]

in the event you can prove the agency lied.

How can I prove the agency lied ? I never ask them the question. You seem to be suggesting I need too.

[dx4100]

But that is incorrect. They said if they don't match they won't insure. If they don't know then they'll take the risk and insure you.

Fair enough.