Right of substitution

[monkeyBoy32]

OK - I know I'm going to get stick for asking this and will probably be pointed in the direction of other threads but I can't find a decent answer to this:

What is the Right of substitution?

A simple answer will do.

Does it mean that my client has the right to substitute me with someone else?

Seriously, I can't find a decent answer anywhere..

[MrRobin]

No it means you have the right to substitute yourself with someone else.

[monkeyBoy32]

OK - So, in my contract where it says "Not to sub-contract to any third party any of the services which it is required to perform under any assignment"

That means I dont have the right of substitution?

[Sockpuppet]

You got it kiddo. Unless there is another line that says "unless by agreement of client etc".

[monkeyBoy32]

So is it even worth paying the $$ to qdos to have my contract reviewed?

[Sockpuppet]

Depends if you think you can get the client to change the contract!

[Qdos Contractor]

OK - So, in my contract where it says "Not to sub-contract to any third party any of the services which it is required to perform under any assignment"

That means I dont have the right of substitution?

To be honest, that's more like a right to assign, which is slightly different. You may well have a separate clause somewhere that states you can (or can't) use whichever representatives you deem appropriate, or that you can replace your original representative.

The important factor is that the clause is unfettered, i.e. the client should only be able to reject a replacement on grounds related to qualifications, experience etc.

PM me if you want to discuss in more detail (no obligations of course).

[thunderlizard]

OK - So, in my contract where it says "Not to sub-contract to any third party any of the services which it is required to perform under any assignment"

That means I dont have the right of substitution?

Only if the contract is with you personally, and not with your company. If the contract is with your company, you could still substitute another member of your company's staff without falling foul of this clause.

[monkeyBoy32]

To be honest, that's more like a right to assign, which is slightly different. You may well have a separate clause somewhere that states you can (or can't) use whichever representatives you deem appropriate, or that you can replace your original representative.

The important factor is that the clause is unfettered, i.e. the client should only be able to reject a replacement on grounds related to qualifications, experience etc.

PM me if you want to discuss in more detail (no obligations of course).

Thanks,

I had to let my accountant know fairly quickly so I have advised that it is inside IR35 as so many of the questions that are asked in a contract review lead me to believe that it is inside.

It's only a 3 month contract and is also my first contract.

I suppose once I get stuck into this contracting thing, I'll know what I'm up to - I've just had so many things to sort out this week that it's almost easier just to say - yeah, it's inside.

From my next contract on I shall definitely use you for contract review though.

[Qdos Contractor]

Thanks,

I had to let my accountant know fairly quickly so I have advised that it is inside IR35 as so many of the questions that are asked in a contract review lead me to believe that it is inside.

It's only a 3 month contract and is also my first contract.

I suppose once I get stuck into this contracting thing, I'll know what I'm up to - I've just had so many things to sort out this week that it's almost easier just to say - yeah, it's inside.

From my next contract on I shall definitely use you for contract review though.

Remember that having a less than perfect written contract doesn't necessarily mean you are automatically inside IR35.

If your actual working practices are compliant it may be enough to successfully defend you. We offer full IR35 insurance (covering all tax, interest and penalties if you are 'caught') on the basis of a working practice assessment alone.