Relationship of Parties terminology

[downsouth]

I've a contract i'm curretly mulling over and looking for some guidance on this wording, in order to make it a less like i'm an employee of the Vendor which is how i read it.

I am the consultancy in this agreement, XXXXXX is the Vendor i'll be working through

At all times, The Consultancy and its employees shall represent XXXXXXXXXX and the relationship between the parties as agreed under this agreement, at Client Site

There is also this section a little lower down in the contract

Relationship of Parties: Nothing contemplated herein shall be construed to be a relationship of employer and employee. Nothing contemplated herein shall provide any benefit to the Consultancy or Consultancy’s employee other than those benefits stated in writing herein. No expenses of any kind shall be accepted or authorized unless approved in writing by an officer of XXXXXXXXXX.

[LisaContractorUmbrella]

I've a contract i'm curretly mulling over and looking for some guidance on this wording, in order to make it a less like i'm an employee of the Vendor which is how i read it.

I am the consultancy in this agreement, XXXXXX is the Vendor i'll be working through

At all times, The Consultancy and its employees shall represent XXXXXXXXXX and the relationship between the parties as agreed under this agreement, at Client Site

There is also this section a little lower down in the contract

Relationship of Parties: Nothing contemplated herein shall be construed to be a relationship of employer and employee. Nothing contemplated herein shall provide any benefit to the Consultancy or Consultancy’s employee other than those benefits stated in writing herein. No expenses of any kind shall be accepted or authorized unless approved in writing by an officer of XXXXXXXXXX.

Looks pretty standard to me and I can't really see anything that would indicate 'employee' status. Mind you, whatever is stated in your contract, it must accurately reflect your working practises

[northernladuk]

What exactly are you worried about here? I have had the first clause in contracts before and is just making sure although you are not an employee of Xxxxx you will be representing them on site. I don't really see a problem with this although it does raise an interesting question about IR35 which we discussed at length at least twice. If you are treated as an employee by the client does that put you inside IR35 even if the vendor you are contracted to does not... but anyway...

2nd one seems a bit convuluted but I had a clause in mine also confirming I am not an employee and will not be treated as such and will not be entitled to benefits and processes.

Are you arguing they should not be there or if they cover you enough?

Seems pretty ok to me but to be honest it is the rest of the contract you want to concentrate on. Regardless of whether or not the vendor states you are not an employee if you don't have MOO, Sub clause and so on HMRC will deem you as a hidden permie under IR35.

Get your contract reviewed by QDOS or similar.

[downsouth]

thanks, was one first read when considered with a few other points a little too much employee related.

I'm having it reviewed at present

[downsouth]

Whats your thoughts on the is condition relating to notice, 30 days and yes there is a MOO terms also


In the event the Consultancy fails to provide notice as described herein, each day of notice not given by the Consultancy authorizes XXXXXXXXXX to deduct one day of service owed to the Consultancy by XXXXXXXXXX.

Can they do this? not seen it before in any contract i've had