Re: hays it contracts ...


"didds" <didds2@xxxxxxxxxx> wrote in message
news:1138091708.108036.84120@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
> anyone any experience of recent hays IT contracts WRT IR35 etc?
> got a role with them upcoiming and saw a draft of their standard (?)
> contract last night. It looks OK but three areas concern me
>
> * a clause which goes on about the preferred consultant [presumably me]
> being self employed and not an employee of the client or the employment
> business [presumably Hays]... the point being of course that I am not
> technically self employed but a director of my own limited company and
> an employee of that.
>
> * usual Ok substitution clause but that requires agreement by client
> and employment business (ie control issues)... although this is pretty
> much standard in all contracts (its also totaly IMO reasonable but we
> are talking IR35 avoidance here not reason!)
>
> * a clause about how the preferred consultant can only take holidays
> with written agreement of client and employment business - surely that
> is far too much acceptable control?
>
> just interested in opinions and any hays IT experience out there...
>
>
> ian
>
The Hays contracts we've reviewed for clients recently have all been
borderline, for similar reasons to those you state. I understand they are
not receptive to contract changes, so you have to make the best of what
you've got and concentrate on the evidence about what happens in practice.
EG the holiday issue, what happens in practice is probably more important
viz IR35 than what the contract says.


--
Paul Garbett
Garbetts Ltd - accountants
www.garbetts.com


.

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