"Any other duties" and IR35

**SueEllen** · 14 July 2010, 11:21

Originally posted by ROCServe View Post

Should I ask the agency to remove the any other duties bit? Or is it a fairly standard term anyway?

It's not a fairly standard term.

First phone the client up and ask them directly what other things they want you to do.

Then talk to the agent and get that "any other duties" bit removed and changed to the list the client gave you.

If the client list is wishy washy and not well defined in a way you can redefine it then just get the "any other duties" bit removed.

You are not an employee so you don't have to accept work if you don't want do it.

**northernladuk** · 14 July 2010, 11:46

Originally posted by ROCServe View Post

Hi,

I believe I'm outside IR35 in my next contract/project. I've got a clear project I'm working on with fairly clear deliverables.

To be fair to the agency, it is a fairly IR35 friendly contract anyway, and I do have the genuine RoS and there seems to be MOO here as well.

One quibble I have though: In the contract under the Project section it says: "The supplier/consultant will be working on a Learning Management System Implementation Project as well as any other duties as may be required by the client". I'm not so sure about the "any other duties" bit as this sounds to me in my (extremely) limited understanding IR35 that I'd be inside.

Should I ask the agency to remove the any other duties bit? Or is it a fairly standard term anyway?

It is a very standard term in a permies contract but not a contractors one. It would imply that you can be directed to do whatever the client wants and not what are contracted to do which is very bad for IR35. Client direction is a big no no. Agree with them away from the contract that you are open for this type of work but should you be asked to do something amendments to the contract are made. You will do them but only if contracted to do so. Shouldn't be too much hardship for the client to whip a new contract out and sign.

**GillsMan** · 14 July 2010, 11:46

Thanks both, both posts makes perfect sense. I'm glad I was right to wonder about that particular term. I'm always reading on here "you need to start thinking of yourself as a business", and I must admit, that's brilliant advice as it really helps seperate permie terms from contractor terms!

As there's a separate document which details the project scope, I'm happy that I know what is required of me. This term appears to be one the agency want in rather than the client.

I was thinking of rewording it to: "The supplier/consultant will carry out any other duties in relation to the succesful implementation of this project". The onus of control is therefore on me and my company, rather than my client IMO.

If I'm miles off target with my understanding of this, let me know.

Thanks for the help!

**northernladuk** · 14 July 2010, 12:57

Originally posted by ROCServe View Post

Thanks both, both posts makes perfect sense. I'm glad I was right to wonder about that particular term. I'm always reading on here "you need to start thinking of yourself as a business", and I must admit, that's brilliant advice as it really helps seperate permie terms from contractor terms!

As there's a separate document which details the project scope, I'm happy that I know what is required of me. This term appears to be one the agency want in rather than the client.

I was thinking of rewording it to: "The supplier/consultant will carry out any other duties in relation to the succesful implementation of this project". The onus of control is therefore on me and my company, rather than my client IMO.

If I'm miles off target with my understanding of this, let me know.

Thanks for the help!

I still don't think that will cut it as it could be argued you are still directed to do those duties. You need to drop it all together I am afraid to be safe.

**GillsMan** · 14 July 2010, 13:12

Thanks Northenladuk, again that makes sense. I'll email them now and get them to drop it. I'll let you know if I have any issues with that!

Cheers.

**thunderlizard** · 14 July 2010, 14:51

Yes, just drop the whole "any other duties..." sentence. Tell them that you aren't ruling out other tasks that might arise, but that they can be handled in additional schedules to the contract, to be agreed as and when they arise. That way you'll also be able to charge a fair rate depending on whether the other task is high level management consultancy, or making the tea.

"Any other duties" and IR35