Contract but no contract....

[PhilAtBFCA]

Contract or No Contract

scooterscot

I can see why in many ways not having a contract is great. "Standard B2B stuff" In part I agree, but i think if IR35 is a concern, which I believe it is, then have a contract for sure.

the reason behind this is that in defending your IR35 position the contract is looked at first. in the absence of a written contract then a tribunal judge will create the picture of what the written contract would have said according to your working conditions.

there are too many things to go wrong in a case like this without a contract and I think it weakens your position.

Not withstanding that, you do have a contract anyway. its implied by the conditions you work under. It may not be written but it is implied.

As a compromise, maybe you could write to your client detailing your undersatnding of the contract you have with them to supply services. If there is anything that they dont like they can respond to, or you could agree a written contract so that it is more clear.

Phil

[jmo21]

There are limited long term benefits in arguing that you have the right to do this, as although legally they may have no rights to insist you are on site they simply wont renew you if they are not happy.

hmm.... I'm not sure "legally" comes into it.

They are employing your company to do a job. If they insist it's onsite, either do it, or quit.

Whether it is stupid to force you to do this is a different question, but it's not illegal to force you to do this.