I have the following clause in my contract
As at the date of entry into this agreement, the intention is for the Consultancy Company to provide the Services through its employee, the Consultant. However, the Consultancy Company may if the Consultant is unable to provide the Services for any reason at any time provide the Services through another person engaged by the Consultancy Company ("Substitute") provided that the Substitute is suitably qualified and has the appropriate skills and experience and the Consultancy Company shall inform the Company of the identity and qualification of any Substitute which the Consultancy Company proposes to use to provide the Services. The Company may at its absolute discretion determine whether to accept such Substitute to provide the Services.
I understand the need for the substitute clause, but would you class the contract as a FAIL for IR35 based on the highlighted section ?
I can see both sides of the argument but wondered what others think.
As at the date of entry into this agreement, the intention is for the Consultancy Company to provide the Services through its employee, the Consultant. However, the Consultancy Company may if the Consultant is unable to provide the Services for any reason at any time provide the Services through another person engaged by the Consultancy Company ("Substitute") provided that the Substitute is suitably qualified and has the appropriate skills and experience and the Consultancy Company shall inform the Company of the identity and qualification of any Substitute which the Consultancy Company proposes to use to provide the Services. The Company may at its absolute discretion determine whether to accept such Substitute to provide the Services.
I understand the need for the substitute clause, but would you class the contract as a FAIL for IR35 based on the highlighted section ?
I can see both sides of the argument but wondered what others think.
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