Verbal contracts and IR35

[chicane]

I have a couple of clients for whom I've known for a fairly long time and I perform 2-3 month contracts for these clients resulting from little more than a "Can you come in and work on this project for 2-3 months?" / "Yes" telephone conversation.

If such a contract was to be picked up by an IR35 investigation, would the absence of a written contract be seen as an excuse for Gordo to spend more time grilling my client about the exact nature of the working relationship? Or would the presence of a "gentleman's agreement" be evidence of risk-taking ,lack of MOO and lack of client control - therefore working in my favour in the event of an investigation?

[thunderlizard]

Probably both.
But lots of casual employee-style work is done under a casual agreement too.

[tim123]

looking at this pragmatically it shows:

a) A greater risk on your part because there are no rules that 'protect' you. -plus point.

b) Absolute client control. If there's no contract defining what you have to produce to complete the contract, this is going to *have* be decided on a day to day "do this" basis. - Minus point.

I think that B will outweigh A. BICBW

tim

[Back In Business]

A clear list of what you need to achieve while contracted there would probably help. Some might refer to this as a statement of works, but you could call it whatever you want.

[thunderlizard]

Bicbw

that's a new one on me! thank goodness for Asking Jeeves.

[cojak]

I suspect that this will happen to me on my next contract. I intend sending them a PCG contract on the Friday before I join them - that's the contract that I'll be working to.