Yes, an IR35 contract review is a little pointless if you fall under Chapter 10 (received or should receive an SDS), although a review for commercial terms is still sensible, which would flag any transfer of liability nonsense. Yes, you should get any fluff like that removed. Yes, the Fee Payer (e.g., agency) is on the hook, in the first instance, if an outside determination is found to be wrong at a later date. The Fee Payer is the nearest entity to YourCo, else the entity that fails to pass on the SDS (the client, if they failed to issue one). Yes, it's a mess.
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Sincerely, thank you all. I pitch in where I can with help (on matters I know) but you guys are brilliant.
I know I've been lazy in just asking instead of searching in earnest, but the searching I did do seemed to show the advice evolved a lot more than I expected so a current state of view is really helpful.
Sadly, with jb's perfect & succinct reply, it seems we've swapped one unclear situation for another.
Eeek, you've hit the nail on the head with "even where the decision is outside your control" because even though the SDS is currently in my favour, I'm NOT in control of the client's interpretation or future behaviour.
For commercial contract review, the team at Bauer and Cottrell's been my usual port of call... Still a go to in this new world?Comment
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