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No contract end date?

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    No contract end date?

    This is the fourth project I’ve taken on as a contractor in the last 5 years.
    The contract duration was 5 months, but now the client has extended it..through the agency.
    The agency hasn’t given me clarification on how long the extension is other than it’s ‘ongoing’ (so they have been told by the client)

    Anyone been in this situation?
    How do you prepare for your next position if the current contract is in a position of ‘rolling’?

    #2
    Never had that.

    I'd prefer to have a rough idea of when they expect it to end, even if they could terminate sooner than that (a contract can be terminated at any time right?)

    Comment


      #3
      Originally posted by colonolcontractor View Post
      Anyone been in this situation?
      Yes. Everyone that has ever been employed!!
      How do you prepare for your next position if the current contract is in a position of ‘rolling’?
      You don't. You get your contract reviewed, when it fails the reviewers should contact the agent to negotiate on your behalf. The agent will make up some arbitrary number that probably doesn't relate the project at all and hey presto, you have an end date.

      Doesn't fix the fact the working practices just expect you to do work with no end date though. Not good in an IR35 investigation.

      Main reasons making a contract fail IR35

      Reason 3: Mutuality of Obligation

      The client expects further work from you after the current contract. With regular work and “rolling Contracts” the Revenue will argue that you are an employee of the client. More on the mutuality of Obligation.
      Last edited by Contractor UK; 13 May 2018, 13:36.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        Originally posted by colonolcontractor View Post

        Anyone been in this situation?
        How do you prepare for your next position if the current contract is in a position of ‘rolling’?
        1. Engage a senior bod in the company in conversation and ask them how long they expect the project to last.
        2. Get the contract reviewed and tell the reviewer what the senior bod said.
        3. Do as NLUK says and the reviewer will inform the agency.
        "You’re just a bad memory who doesn’t know when to go away" JR

        Comment


          #5
          No end date is not the end of the world, contracts are only ever as long as the notice period so I would go on that instead
          Originally posted by Stevie Wonder Boy
          I can't see any way to do it can you please advise?

          I want my account deleted and all of my information removed, I want to invoke my right to be forgotten.

          Comment


            #6
            If you're currently outside IR35 then you need an end date on the extension. The date itself is unimportant as they may want to extend it again, but for appearances you need to be not seen as an employee on an open ended work schedule.

            If already inside IR35 then the only issue I'd have with no current estimated end date is that you won't have anymore renewals and therefore not as easy to arrange a change of contract terms if things change or you feel a rate rise is worth seeking.

            Try to find out why the client has requested an 'open ended' extension. It could be that they have trouble getting extensions approved from higher management so want to avoid the risk of it being knocked back further down the line, or it could be that they only want you for a few more weeks and so the notice period they have to give is all important. No harm sounding the client out on what they see as the plan for needing you, if they have one, so you know where you stand and can plan accordingly.
            Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

            Comment


              #7
              Agree a deliverables based statement of work and agree that deliverable completion dates are still to be defined.

              Comment


                #8
                you need an end date

                Originally posted by colonolcontractor View Post
                This is the fourth project I’ve taken on as a contractor in the last 5 years.
                The contract duration was 5 months, but now the client has extended it..through the agency.
                The agency hasn’t given me clarification on how long the extension is other than it’s ‘ongoing’ (so they have been told by the client)

                Anyone been in this situation?
                How do you prepare for your next position if the current contract is in a position of ‘rolling’?
                otherwise you are over the 24 months rule for expenses already !!

                Comment


                  #9
                  Originally posted by northernladyuk View Post
                  Agree a deliverables based statement of work and agree that deliverable completion dates are still to be defined.
                  This.

                  If the contract is for a project with clear deliverables then the end date is when the project finishes and everything is delivered. In itself it has no IR35 bearing, although if the deliverables are vague then no end date is not good for IR35.
                  See You Next Tuesday

                  Comment


                    #10
                    Originally posted by tarbera View Post
                    otherwise you are over the 24 months rule for expenses already !!
                    Not if it’s reasonably expected to finish before 24 months arrives. Although if you work on that basis and exceed 24 months that could be awkward.
                    See You Next Tuesday

                    Comment

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