Who has actually used the substitute clause? Especially in banks

[MyUserName]

Roger thinks you should read a post properly before you comment on it.

No, he thinks you should read a post properly before commenting on it.

[Snarf]

Virtually no-one as 99% of all substitution clauses in the contracts of IT Contractors are a sham. The most frequently used constraint is that of the client having the final say on the actual substitute used. Therefore, clients can simply reject any/all substitutes offered by the contractor's Ltd. for whatever reasons they desire, thus making the contractor's Ltd. having a "right of substitution" to be a sham since it effectively doesn't exist.

Real substitution clauses allow the contractor's Ltd. to be the final adjudicator on who the actual substitute may be. Of course, the contractor's Ltd. has to ensure that the substitute possesses the relevant skills for which the contractor's Ltd is responsible. However, such "genuine" substitution clauses in the contracts for one-man-band IT Contractors, and irrespective of the sector that the contractor is working in, are as rare as rocking horse sh*t!

I brought this up with qdos for an SC cleared role for the MoD a few years ago. I basically pointed out to them that although I could provide a subby the clearance and onboarding process would make it almost imposible to actually do it.

They said as long as the client was willing to agree that they would have no objections should a suitable subby be supplied that they would be happy with it from an IR35 review standpoint.

I got the client to confirm this in writing, highlighting the onboarding process that the subby would have to go through etc.

In the end I did use this, I brought in a subby to cover an extended holiday I took in 2016, he had previous experience with the client and was still scheduled cleared so came in for the three weeks which I paid him for... When I got back the client offered him a position and he stayed another 6 months...

So I guess whether the clause is actually useful depends on the client.