Working without a contract

**PerfectStorm** · 2 February 2018, 13:23

Originally posted by Bobo View Post

Are there any IR35 implications if you work without a contract?

Well, it suggests that you're not that interested in what the business relationship entails...

**northernladuk** · 2 February 2018, 13:28

Just forgetting for a moment that working practices trump the contract... Your contract defines the engagement. Those clauses will have an impact on your IR35 status, i.e. MoO, RoS etc... Without those being defined where is your defence? What do you have to prove to HMRC you are outside?

You need to forget IR35 for a moment though. Working without a contract means you have no T&C's, payment terms, acceptable boundaries or other agreements to fall back on when it all goes wrong so is a pretty stupid thing to do without bringing IR35 in to it.

If the customer stops paying you where is your evidence you entered in to an agreement to get paid at all?

Just don't go there.

**northernladuk** · 2 February 2018, 13:29

Can I also point you back to a piece of advice I gave you before which you don't seem to have heeded...

https://forums.contractoruk.com/busi...ml#post2524860

**northernladuk** · 2 February 2018, 13:38

Without a contract how can you even evidence your LTD is engaged and IR35 even applies?

**ladymuck** · 2 February 2018, 13:40

....and....breathe

**WTFH** · 2 February 2018, 13:41

If there's no business contract between two businesses, then you're not contracting to them as a business.

They don't have to pay your invoices
Your company insurance while working for the client is most likely invalid
Your accountant will not be happy.

Why would you do work as a contractor without a contract?

**northernladyuk** · 2 February 2018, 14:08

Not ideal, but get the IPSE standard contract template, send them over as your standard Ts and Cs, ask them to accept and raise a PO. You've got a contract.

**Platypus** · 2 February 2018, 14:41

I've worked without a contract before, but it's been around renewal time, and I trusted them to get the paperwork sorted in due course (which they did).

**northernladuk** · 2 February 2018, 14:57

Originally posted by Platypus View Post

I've worked without a contract before, but it's been around renewal time, and I trusted them to get the paperwork sorted in due course (which they did).

Well yes, kinda but no. You had an implied contract on the previous terms so are pretty well covered?

Working without a contract