My role description in the contract terms (re: IR35)

[ChimpMaster]

I need to put a role decription in the contract between myself and the agency. From an IR35 perspective (ignoring whether it's dead or alive at the moment...) is it better to be described as a consultant working on a specific project (without any specific end date), or as a technical consultant hired to provide expertise on an application on whatever project requires it?

The reason I ask is that the contract currently states the first one, but my role is more akin to the second one.

[SueEllen]

First.

Though you really should get your contract reviewed.

[malvolio]

From an IR35 perspective the first one, obviously. However, as I've said a million times, it's the reality on the ground that matters, not the contract. The contract will be used if you ever get to court and if the reality (or some dumbass from Human Remains who doesn't understand the relationship) contradicts it, reality wins.

[ChimpMaster]

The reality is that I was hired to work on a single project, which I did for a couple of years. Then new projects came in requiring this same skillset.

Now, at any given time I am working on a specific project, though I could be juggling several projects at the same time.

As you might have gathered, it's been a long duration contract, but only because I've sold myself into so many different projects with my niche skillset.

I've also sold myself as a 24/7 support contact on top of the other services I provide. No permie here can do that (they are limited to 2 weeks out of the month), but because of my niche, I have been awarded this work.

It's a confusing one for the contract terms.

I'm comfortable about the other IR35 factors, such as D&C etc, so no issues there.

[malvolio]

In which case, put in the second answer. You're already clearly distinguished from the permies so why worry about IR35 appearances? Don't let the tax tail wag the business dog...

[mavster07]

Its always a good idea to change your contract for each role and project you undertake with a client, and its not just for IR35 reasons.

The more specific the better too.

Why ?

Because aside from IR35 issues, it also helps you around renewal and termination situations. If a client decided to terminate, say, because they decided you didn't have the skills, you can point to the contract to state that the skills are there in the contract and by signing it, they (through their agent) agreed that you had met them. Its then for them to prove that you don't (reality on the ground). But it also ensures that the contract is as strong as possible when it comes to the various terms. Another good example is where the client decides to change the role and/or project and you decide that its not what you agreed to - you can argue the client has not upheld the contract and exit it without any penalty - you don't even have to honour the notice period - because the contract has been breached. Why does this matter ? because you may have taken on that role and gone in at a lower rate just to get the experience, and then the client hasn't met their obligation there. Equally, its also effective to ensure agents actually are putting you into the role you understand you are applying for - and I've seen a few where the role was substantially different from what was advertised. Especially in 'generic' job ads where they want a bod on the ground and you end up doing nothing more than menial work.....

It all depends how high risk the role is and how much you want to protect your interests under the contract. A stronger contract ensures 'good faith' all round and that everyone has done their 'due diligence'.