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Managed service type contract via agency?

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    #21
    Originally posted by SteelyDan View Post
    I've decided to give it a shot so I'll see how things pan out. If it turns out to be a 'crock' then I'll move on.
    Potential long term programme, deemed as outside IR35 so next years off-payroll won't impact; the work seems good, so are rates, location could be better but I can live with it as been there before.
    On the face of it, should be a winner, especially as the market ain't great at the moment.
    Did you note my earlier comment? It's only outside IR35 if the agency is supplying resources for a specific project with a known deliverable...
    Blog? What blog...?

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      #22
      Originally posted by malvolio View Post
      Did you note my earlier comment? It's only outside IR35 if the agency is supplying resources for a specific project with a known deliverable...
      Yes I did, thanks, the specific programme (programme X to deliver something which I can't mention, but it's IT related) is the overarching deliverable which has a run time of c.18 months, as far as I'm aware. All staff are contractors, oddly, not sure how many but quite a few. The agency are stating the contract is out of IR35, and approved by HMG, as I mentioned earlier. Spoke with a couple who had their contracts checked (QDOS I think) & all seems above board. Some didn't bother to get their contracts checked however...I was thinking of getting an email from said agency to state categorically that the role, programme, is absolutely outside of IR35. Not got it yet, but it might be the case that this is mentioned in the contract. I'll enquire.
      Last edited by SteelyDan; 23 August 2019, 09:26.
      Clarity is everything

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        #23
        IMO I think it all unravels when you consider who drafted the contract.

        If it was a proper managed service contract, I would expect the Supplier to be the party who is in the box seat to draft and agree the contract and do all the leg work.

        Or at least that's what I would insist on as the supplier.

        Otherwise I'd be nervous about the whole thing being Staff Augmentation in disguise and how my milestones can be measured as met so I get paid (when you take into account the same arrangement with other suppliers and who is reponsible for what)

        But then IANAL

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