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Problem Clause in Contract

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    Problem Clause in Contract

    I've had my contract review by a legal expert and they say it fails the IR35 test owing to 1 small clause. The contract mentions a trial period. This, apparently, is problematic. If it were reworded to initial period it would pass. Unfortunately this is a clause worded by the client and they're not prepared to change it (big company hence box ticking culture). Given that the rest of the contract is ok I'm tempted to stay out of ir35 and hope I can defend myself in event of investigation. Any thoughts?

    #2
    Is the contract between your company and an agency or direct with the end client?

    In my opinion, it can't simply fail on the small clause that says "trial period". The three basic areas when looking at IR35 is control, requirement for personal service (substitution etc) and MOO.

    Comment


      #3
      Originally posted by Craig@InTouch View Post
      Is the contract between your company and an agency or direct with the end client?

      In my opinion, it can't simply fail on the small clause that says "trial period". The three basic areas when looking at IR35 is control, requirement for personal service (substitution etc) and MOO.
      With an agency. But the problem clause is worded by the end client.

      Comment


        #4
        Your IR35 status would be assessed on your actual working relationship with your end client and what happens on a day to day basis on site under the 3 main areas I mentioned previously.

        If it helps, I would recommend seeking a second opinion and then you can compare the review.

        Comment


          #5
          Originally posted by Craig@InTouch View Post
          Your IR35 status would be assessed on your actual working relationship with your end client and what happens on a day to day basis on site under the 3 main areas I mentioned previously.

          If it helps, I would recommend seeking a second opinion and then you can compare the review.
          Know anyone who can provide the service? First opinion came from QDOS.

          Comment


            #6
            I think QDOS provide their opinion purely on the basis that the contract reflects the actually working practices (but I could be wrong).

            Many specialist contractor accountants can provide you an IR35 review

            Comment


              #7
              Originally posted by Craig@InTouch View Post
              I think QDOS provide their opinion purely on the basis that the contract reflects the actually working practices (but I could be wrong).

              Many specialist contractor accountants can provide you an IR35 review
              How much do you charge?

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                #8
                Originally posted by gricerboy View Post
                How much do you charge?
                Its free of charge

                Comment


                  #9
                  Originally posted by Craig@InTouch View Post
                  Its free of charge
                  But hopefully worth rather a lot more than that!

                  InTouch know what they're doing and can be trusted, but there's a list of PCG Accredited Accountants on their website who have had the necessary training to make such assessments. Although a trial period is not actually an IR35 pointer either way, IMVHO, merely due diligence by the end client.
                  Blog? What blog...?

                  Comment


                    #10
                    I've used these people before, they're excellent, and leaders in the field
                    Bauer & Cottrell - Expert IR35, Section 660 and Employment Status Advice

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