service provider including the consultant

LNHM

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#1

service provider including the consultant

9 December 2008, 10:42

I have done several contracts in the past using my “one man” Ltd company. A recent contract I saw had a new clause which I have not seen in previous contracts: this made the “service provider” (i.e. normally just my Ltd company) include the consultant (i.e. me personally). I would be interested to hear from anyone else who has come across this.
(1) Is this now standard in contracts offered by agencies?
(2) Does this result in the protection of limited liability one normally gets by the contract being with the Ltd company (not including the consultant) disappearing?
(3) During pre-contract-signing negotiations is it feasible to overturn this and revert to the contract being with the Ltd company only?
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Crossroads

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#2

9 December 2008, 13:57

Post the exact wording of the clause and all relevant info and we'll have a look. What you've provided doesn't really provide enough info.
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b0redom

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#3

9 December 2008, 14:54

Bit vague, but alarm bells should be ringing with respect to IR35 compliance.

And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.
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