Doing work not in the job profile

[northernladuk]

But in this case what would you do if the client doesn't understand or is unprepared to change their stance? Would you take the ultimate step and be prepared to terminate the contract if the client insisted you undertake work not within the scope of the contract?

Well you don't have to terminate your contract but you would certainly have to re-look at your IR35 status. If they are hell bent on client direction which is a key pointer to being inside IR35 you need to ask them again if they would accept a sub and other IR35 factors and then re-asses your situation now you are inside IR35.

If the worst comes then just account for being inside IR35 and start looking elsewhere.

[ShandyDrinker]

Well you don't have to terminate your contract but you would certainly have to re-look at your IR35 status. If they are hell bent on client direction which is a key pointer to being inside IR35 you need to ask them again if they would accept a sub and other IR35 factors and then re-asses your situation now you are inside IR35.

If the worst comes then just account for being inside IR35 and start looking elsewhere.

So as per my comment the ultimate course of action is to terminate the contract if the client leaves little option.

Might be worth a poll at some point but I am genuinely curious to know as to how many people on here have ever successfully provided a substitute, especially when working through an agency? From speaking to a couple of friendly agents over the years they always tell me they have never known people to invoke ROS successfully.

Whenever I start a new contract and have it reviewed for IR35 I'm always surprised at hearing from agents how often people don't have their contracts properly reviewed and just sign anyway.

[SueEllen]

So as per my comment the ultimate course of action is to terminate the contract if the client leaves little option.

Might be worth a poll at some point but I am genuinely curious to know as to how many people on here have ever successfully provided a substitute, especially when working through an agency? From speaking to a couple of friendly agents over the years they always tell me they have never known people to invoke ROS successfully.

Whenever I start a new contract and have it reviewed for IR35 I'm always surprised at hearing from agents how often people don't have their contracts properly reviewed and just sign anyway.

The people I've known who used right of substitution are:
1. Used a contractor the client already know, or,
2. Where based off-site

Agents lie - remember they want you to sign with the least hassle on their part.

Though I have met contractors who admit not to reading their contract let alone getting it reviewed. It seems to be one contractor at every client I have who admits not to reading their contract at all.

There are others who read it and say they don't understand it but sign it anyway.

[ShandyDrinker]

The people I've known who used right of substitution are:
1. Used a contractor the client already know, or,
2. Where based off-site

Agents lie - remember they want you to sign with the least hassle on their part.

Though I have met contractors who admit not to reading their contract let alone getting it reviewed. It seems to be one contractor at every client I have who admits not to reading their contract at all.

There are others who read it and say they don't understand it but sign it anyway.

Agreed re agents and the hassle.

Nice to hear of people getting subs in. I've been close but in the end agreed with the client to leave a contract a couple of weeks earlier than planned by putting in extra work to ensure the project I was working on at the time was finished.

Anecdotally I still think that substitution rarely occurs.

[northernladuk]

Agreed re agents and the hassle.

Nice to hear of people getting subs in. I've been close but in the end agreed with the client to leave a contract a couple of weeks earlier than planned by putting in extra work to ensure the project I was working on at the time was finished.

Anecdotally I still think that substitution rarely occurs.

And you would be correct. I would also go as far as to say most contracts would not in reality be able to pull a sub off. We have argued a lot about substitution, if it's possible, how to do it, difference between substitution and subcontract etc. Try the search for substitution as outlined in the FAQ section.