Search:

Cheeky sod! I am none of those people

At that rate, contact LisaContractorUmbrella - she'll see you right.

Ltd just isn't worth it at that level - bear in mind that if this is your only contract (regardless of how you operate), you...

The people that I know who do it on a reasonable scale all steer clear of flats and go for houses.

Big houses in nicer student areas are always good value, eg. Leamington Spa.

Might be tricky to then go to the pub afterwards...

One of my early projects had a plit site that we had to walk between. Obviously, I never hid in the server room for a quick kip and told everyone in building A I was in building B and vice versa.......

They've obviously got you confused with someone good. Blag it while you still can.

A dying breed. Literally.

Alright mate, how's it going, yeah, ok

The opt out is legally unenforceable. That's why we insist you opt out.

Either - whatever works for you and your business. If you are operating PAYE then you will need to do that yourself if you don't have an accountant doing it for you.


Sole trader I can...

If we accept your argument, since the regulations are virtually unenforceable, there should be no need to opt out.

I had a Parity contract reviewed by Qdos in 2007 and it failed, mainly on the wording of the RoS clause - there were three areas that failed.

I forwarded the email to the agent, they sent it to...

Not sure what you've been reading, but I'd start looking at other guides instead.

The problem comes from this line in your original post:

How did you word that request? If you gave notice then, then there is nothing they can do to stop you leaving. If you didn't explicitly...

That sounds like it's the opposite of the norm - have you read the contract correctly?

If you've answered everything honestly, and they've confirmed that you're insured then I wouldn't care what any of the paper says :)

If you want to terminate the relationship, then you put it in writing to the agency that you will be terminating in one week, in line with clause ABC of your contract.

Put it in an email, and then...

Mention it.

If you have to rely on only one of the three tests, then your case is significantly weakened anyway.

Have you shut down then?

(Serious question - as I've said before, I've had quite a few dealings with a number of people there, some of whom I get on well with and like on a personal and...

Yes, if you believe the agent that started that thread. Of course, if you believe the other agent that commented in that thread, you'll see that they have had more cases involving opt out where the...

It depends who you believe. The two agents who have posted in the thread have very different views - Rory says it always means frack all; Andy says that he's been to court on these matters and found...

Not quite - he gets paid by the client and gives you a share of the rate that he negotiated with the client. That's much closer to the reality in the vast majority of cases.


And Christmas isn't...

If your accountant is dictating your salary level, then you may want to read up on the MSC legislation.

It would be interesting if we had the full facts, rather than a subset...

Ah, how sweet :)

So who does the approving? If you submit a timesheet to the agency on time and in line with their rules, then why aren't they paying on time?

ANYWAY, back to the original point - you aren't going...

S3 v CNL :fight:

:popcorn:

I really don't know who I'd want to prevail in that one...

What's the trial reference? Is there a transcript available?

One of the many things that I can't understand from the very little that we know of the case - the contractor says he was opted out; you say the client also knew he was opted out. So why was there...

If this sets a precedent, as you keep saying, it would be useful to have a transcript or even a court reference so that we can read it ourselves.

It's been asked a number of times in the thread...

Even a court reference would be a start - R v Contractors Network Ltd? R v Jason Howlett?

Does that apply here - there's no mention of an agency at all in the original post

Just a day after he called for MPs to be given a pay rise as well.

<tinfoil hat>Maybe someone borrowed an umbrella from the Bulgarian embassy</tinfoil hat>

What I'm saying is:

1) there was a clause in the contract which said that CNL was acting as an Employment Business

2) according to the CUK article "So the judge decided that ultimately, “the...

So the judge looked at the contract which said that you were acting as an EB and ignored that clause and said you weren't an EB?

So, you'll be removing the clause from your contracts now?

It's catch-22 - if HMRC come calling and find you inside and you didn't do any due diligence, then they will probably hammer you for deliberate evasion and add on penalties.

Your issue is with the client, who should be approving things regularly. Discuss your issue with the client.


No, you are paying because they manage the relationship with the client, found the...

So you agreed 30 day terms, and they are late. This is where you really need a written contract, as it would easily deal with whether you need to wait for them to get paid before you get paid. ...

For those thinking bigger than just websites, try here for some half-baked ideas.

That's what I do.

So, the CNL contract says that you are acting as an "Employment Business" and then you said in court that you weren't - is that right?

Some agencies worry about it - there are a couple of recent threads about being expected to bill the original cost net rather than gross and then adding VAT on top.

If you have a client / agency...

Read what you've written there - "based on working practices I'm clearly inside IR35 ... I could try to get my contract re-written..." Even if you copied your friend's contracts word for word, it...

No, my issue is with a company where a director basically says "we can put anything we want in a contract, knowing that it's rubbish, and if we go to court, we'll just say 'that doesn't apply'"
...

Maybe go to Center Parcs later...

:banana2:

That's worth considering - I certainly will next time I get a call from your lot.

The CUK article says


I have a contract which says "<agency> is an Employment Business".

Are you suggesting that the agency can turn round in court and say "oh, we're not an Employment...

Looking at some of my old contracts, I see that at least one of them says "<agency> enters into this Contract in its capacity as an Employment Business as defined in the Conduct Regulations"

Since...