Substitution advice

[centurian]

I was also advertising the rate as £6 p/h below what I was getting!

That's good for IR35 - it shows that you're making a profit on the transaction - you're operating as a business. Of course, advertising it is one thing - it's getting the substitute in place that's the key.

The client has signed up for x amount of days work at £x, so I would have a right to sue them for this if they renaged on the contract in any way

Ah, that's not so good for IR35. It creates Mutually of Obligation.

So I suppose we get back to my original question! "Would I have legal grounds to sue if they deny my right of substitution"?

It's staring to look like your contract is not a-typical compared to most contractors, so perhaps you have a better chance. Still going to be extremely difficult though.

However, I would say do you really want the hassle of putting in the substitute. If they screw up, you could be liable. If they don't turn up - it's back down to you again.

If they've offered you an early exit - and that's what you wanted in the first place, I'd say take it...

[The Wikir Man]

So I suppose we get back to my original question! "Would I have legal grounds to sue if they deny my right of substitution"?

Possibly.

[sheik yerbouti]

It's staring to look like your contract is not a-typical compared to most contractors, so perhaps you have a better chance. Still going to be extremely difficult though.

Well i'd say it's about time contractors took the agencies on with these clauses.

[xchaotic]

Do report back to us on how this goes.

I am looking into something similar - there's a lot work coming up and the permies in my co are starting to look for options how to deal with the load.
What I am hoping to offer is a service/solution, where they don't have to deal with the resourcing etc, just pay me more money and I magically get more done (through subcontracting).