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Escaping IR35

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    #11
    Originally posted by Denny
    Even if you do have rights of substitution
    [pedant]

    The right of substitution is a silver bullet. With the right personal service is defeated; as a matter of law the contract cannot then be potentially one of employment.

    [/pedant]

    Unfortunately it is not easy to get a right of substitution, merely a right to ask for it. The IR always like to try and argue any sub clause away in the construction of the notional contract. They will like to go on what the client thinks they are buying rather than what they are actually buying.

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      #12
      Thanks again for the comments guys. I'm going get my PCG membership and take it from there.
      One of the key points for me was the absence of any reference to my previous relationship with the end-client. I think I was putting too much emphasis on this and not taking account of the fact that each contract would be assessed on it's own merits.

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