Got the chance of doing some direct work that may have more than a few weeks in it.
I wanted to agree a contact with the company that covers all bases.
Was hoping one of the ltd company drivers on here would be able to help with a standard contract that could be tweaked to suit.
Thanks in advance.
… I have run a search, contract and terms brings up all sorts of random stuff.
calsdad:
Got the chance of doing some direct work that may have more than a few weeks in it.I wanted to agree a contact with the company that covers all bases.
Was hoping one of the ltd company drivers on here would be able to help with a standard contract that could be tweaked to suit.
Thanks in advance.
… I have run a search, contract and terms brings up all sorts of random stuff.
Try this courtesy of Conor…viewtopic.php?f=2&t=17537&p=1663947&hilit=Personal+liability+insurance#p1663947
Regards,
Jeff. 
Cheers Jeff, saved me having to find it. 
Conor,
Did you sort of rob these from an agency agreement, not that its not a good idea… Just read a bit that way. As my ltd company is not set up as an employment business might come over a bit odd.
How sure are you of the legal validity.
Not picking holes after asking for help, just want to be sure before i put my (companies) name to something. Sort of hoped i would be able to use the contract to help with IR35 as well as just the insurance issue.
If i get to some decent end point happy to post it for others to use.
Yes that’s where I got them from. Won’t mention the name but its a large nationwide one that’s been around for quite a while.
Your business isn’t set up as an employment agency but it supplies a driver on the same basis so everything applies. You can make the following changes if it looks better to you.
Change
To
Then change every instance in the document where “Employment Business” is mentioned to your company name.
Legal validity? Well the company which made it up have a team of expensive lawyers. Ultimately though validity is decided by a judge if a disagreement occurs on the terms and both parties don’t come to a conclusion. In regards to vehicle insurance which I assume is your main worry, its water-tight. Its the standard terms under which all agency workers are provided. Every haulier I’ve been to where I’ve seen their insurance documents have had “any employee of the policyholder or anyone acting on the orders of the policyholder.” They are, for insurance purposes, treated as an employee of the company they’re working at or acting under their orders. I doubt anyone other than maybe owner drivers have anything different to that.
As for IR35 then no it won’t protect you, no contract will. It depends entirely on how HMRC view the arrangement and what they decide the employment status is.
Thnaks Conor.
Understand IR35 is subjective. Was more thinking if get a tug from HMRC throw the contract at them in the first instance to show the rules I work under meet IR35 criteria might put an inspector who aint to keen on work off as they would then have to prove the contract was not applied. If your conract doesn’t meet IR35 you could be easy pickings…
I’ll have a good look at it when get some down time.
What will benefit you in regards to IR35 is if you’ve more than one client, ideally several. Those who usually get tugged under IR35 in the IT sector tended to just have the one and be there full time for the majority of the year. Having several clients with no more than a few weeks continuous work in any one go helps. What also helps is that occasionally if you can send someone else in instead of you. I had a friend I’d occasionally send in when I was ill/wanted some time off. It only needs to be the odd day but it proves its truly self employed as “can you send someone else to do the work” is one of the acid tests applied. As long as they earn under the lower threshold for NI in any pay week you can pay them cash in hand legally and account for it in your books.
You could keep it as a short term weekly,monthly or 3 monthly term of contract
Personally I tend to make sure i have another source of income ie courier van even if you only do a couple of jobs per year. And make sure I agree terms verbally
alix776:
And make sure I agree terms verbally
NOOOOOOOOOOOOOOOOOOOOOOO
Never ever ever agree terms verbally. Always in writing. Verbally is OK until you come across someone like my friend whose stock reply to an invoice he decides he doesn’t want to pay or delay is “show me the signature” to those who’ve not got an agreement in writing. Those who can’t inevitably produce an agreement end up with a hard time proving that he owes them the money. Those who he has one with get paid on the dot.
alix776:
And make sure I agree terms verbally
What a thick ■■■■■ 
Internet : the best place to get “advice” from armchair experts.
Left hand down!:
alix776:
And make sure I agree terms verballyWhat a thick [zb].
Internet : the best place to get “advice” from armchair experts.
As all my work is direct and no I haven’t had a problem in 7 years. Of trading.
What I did miss out is that there’s usually a text message trail as well which serves as terms. Keep taking the pills dear looks like they wore off abit.
alix776:
Left hand down!:
alix776:
And make sure I agree terms verballyWhat a thick [zb].
Internet : the best place to get “advice” from armchair experts.
As all my work is direct and no I haven’t had a problem in 7 years. Of trading.
What I did miss out is that there’s usually a text message trail as well which serves as terms. Keep taking the pills dear looks like they wore off abit.
