Contract Amendments

[mb31]

I had an IR35 review done on my contract 2.5 weeks ago and the summary outcome was the contract is at risk of being inside IR35 unless amendments are made to the substitution clauses. The changes were minor: change "will offer a replacement" to "will supply a replacement" and delete "or otherwise" on the reasons listed as to why the client can reject a replacement.

The agent said that the suggested changes shouldn't be a problem and forwarded them on to their legal department. I've tried contacting the agency several times over the last two weeks by phone/email and they're not getting back to me. Is it usual for agencies to take their time like this over contract changes and do I have any recourse if they don't make them (other than walking away)?

Given the relatively minor nature of the changes I would also consider risking it through a PSC (to be created). Umbrella take home would offer little incentive over a perm salary when I factor in expenses.

I find it frustrating that everything takes so long. I've got a sizeable income buffer but this is my first gig and in future I could be running on empty. The other thing that goes against me is that I will nearly always require SC transfer. Is it possible to hop between clients without these kind of delays or do you have to be lucky?

[BR14]

sometimes.
no.
yes.
yes.

[NotAllThere]

When are you supposed to start? If the client has already interviewed you and the offer is made, it's in the agents interest to hurry things up. They don't want you missing the first day.

[mb31]

I had the client contact me directly on Friday to ask when I'm starting so the agency are not communicating well with the client either. I told them I've got a medical on Monday and I'm brushing up on the software safety standards they're contracted to... in other words I don't know the start date, I'm doing my bit and trying to use my free time in a way that is of value to the client.

I also said that while the agent is dragging his heels I'm waiting to see if the company will declare their position on determination before I take the risk of setting up.

I think I'm low priority to the agent because the client would struggle to find an equivalent and I said my preference would be to start in January. I wasn't expecting them to leave the stakeholder management to me though.

[northernladuk]

Oh the unending tedium...

[mb31]

Yes, it's been going on for over a month with this agent. Very tedious.

[WTFH]

Have you chosen whether you are going Ltd or Umbrella yet?

[mb31]

I was 90% sure it was going to be limited but an IR35 consultant report concluding it's inside should be a kick up the backside for the agent who insisted it wasn't. He's just emailed me to ask if I have my limited company documents yet.

I'm not sure if these reports are any good for a HMRC investigation but it does potentially weaken my case if the changes aren't made.

[malvolio]

Now we have a hint...

The agency is waiting for the Ltd Company to appear or a decision on which umbrella you will use so they can issue a contract with it. It's not them who are dragging this out...

[WTFH]

Now we have a hint...

The agency is waiting for the Ltd Company to appear or a decision on which umbrella you will use so they can issue a contract with it. It's not them who are dragging this out...

Not like someone was advised this a few weeks ago.

The agent can't issue a contract until you have either set up your Ltd, or signed up with an umbrella.