IR35 Contract Help

[dx4100]

Hi Guys

I’m just finishing off my next contract for the client to review and I was just wondering about something...

The client wants me to work on four separate projects..and they also want me to produce a report on how to structure / organise there department...

Now within the schedule of the contract, if I name all four of these projects and the document as the work to be done...Will this be fine from a IR35 point of view... Or is this view has being too generic and looking more like an employee....

I’m using the PCG contract and its worded as if I was working on a single project...

Cheers for any advice...

[malvolio]

Hi Guys

I’m just finishing off my next contract for the client to review and I was just wondering about something...

The client wants me to work on four separate projects..and they also want me to produce a report on how to structure / organise there department...

Now within the schedule of the contract, if I name all four of these projects and the document as the work to be done...Will this be fine from a IR35 point of view... Or is this view has being too generic and looking more like an employee....

I’m using the PCG contract and its worded as if I was working on a single project...

Cheers for any advice...

You could simply extend the schedule to describe all five (?) deliverables. You'll get a more definitive answer on the PCG fora of course...

[dx4100]

You could simply extend the schedule to describe all five (?) deliverables. You'll get a more definitive answer on the PCG fora of course...

I was a bit tired last night and I started thinking that if I put a lot of deliverables into the contract it might start becoming too vague and start causing an issue with IR35...

Thanks for your reply!

[malvolio]

I was a bit tired last night and I started thinking that if I put a lot of deliverables into the contract it might start becoming to vauge and start casuing an issue with IR35...

Thanks for your reply!

Not really, in fact quite the opposite. You are putting clear limits on what you have been enagaged to do. Permies simply do whatever they're told to do. Ergo, you are not an employee...

It's the consultancy part that's the tricky one to define: usually you can't specify a set of deliverables until you have actually done 90% of the work. You can, however, describe an intended outcome, such as 10% cost reduction or something equally relevant.

The other way to do it is to leave the contract fairly loose, and then agree a set of work packages with the client in writing/email when you start. And, of course, don't blow it by taking on work that's not in the resultant contract...

[dx4100]

Not really, in fact quite the opposite. You are putting clear limits on what you have been enagaged to do. Permies simply do whatever they're told to do. Ergo, you are not an employee...

It's the consultancy part that's the tricky one to define: usually you can't specify a set of deliverables until you have actually done 90% of the work. You can, however, describe an intended outcome, such as 10% cost reduction or something equally relevant.

The other way to do it is to leave the contract fairly loose, and then agree a set of work packages with the client in writing/email when you start. And, of course, don't blow it by taking on work that's not in the resultant contract...

Ok so four months down the road and a new project comes up and they ask me to work on it. Do I simply add it to the schedule and then both parties reagree it ?

[malvolio]

Don't see why not. You're a service provider, not an employee. They want a new or additional service, you need a contract variation to cover it.

[dx4100]

Don't see why not. You're a service provider, not an employee. They want a new or additional service, you need a contract variation to cover it.

Cool, thanks for your help!