Two roles, same client.

[Kelstar]

Genuinely not taking the mick but have you spoke to a IR35 lawyer? Probably best.

My 2 cents, I would be inclined to have 2 distinct contracts. Thinking back to my Big 4 days, regardless of the size or scale of the client and the number of distinct project, individual engagement letters (contracts) were always drawn up. When in doubt I usually default to "what would I have done at" position.

Worth noting I come from a risk background and just chewed my agents ear off for getting the client address wrong in my notice of assignment, I like all the i's dotted and t's crossed.... pedantic, perhaps...

[NotAllThere]

I have three entirely seperate contracts at the moment, with three different parts of the same company. So my advice would be - seperate contracts.

[Hex]

If you look at the PCG Direct contract, it has a master agreement setting out the broad terms defining how the two parties will work together, and it has a schedule that adds more specific info for each assignment and can override terms in the master agreement if necessary. The schedule is not just a SOW it is more than that, but it does include a SOW.

I used this with a different Schedule for each extension for a client of mine, but it would be equally valid to have two schedules running concurrently I think.

I reckon it would be IR35 positive to have two separate schedules. I don't think you need two contracts, just a broad single one.

[northernladuk]

If you look at the PCG Direct contract, it has a master agreement setting out the broad terms defining how the two parties will work together, and it has a schedule that adds more specific info for each assignment and can override terms in the master agreement if necessary. The schedule is not just a SOW it is more than that, but it does include a SOW.

I used this with a different Schedule for each extension for a client of mine, but it would be equally valid to have two schedules running concurrently I think.

I reckon it would be IR35 positive to have two separate schedules. I don't think you need two contracts, just a broad single one.

As the client is so flexible I was hoping to do something exactly like this so will have a look thanks. I am sure the larger consultancies don't have a contract for every single piece of work they have on site so was trying to emulate that even though NAT's idea is probably simpler and just as good at our level.

[NotAllThere]

If you have two contracts, there's potential for double billing...

[Kelstar]

Certainly the projects I worked on, and managed.

It was part of the risk management, very strict in fact, and you would be put on disciplinary if you didn't follow the rules. Although I guess it depends on your definition of "work". For me, for instance, if I was providing consultancy services, be it advice, a report or a resource(s) to project A, and project B requested further work, same client, same legal entity etc... A new engagement letter would be drawn up, covering project B. NEVER would project A engagement letter be extended. That was working for one of the Big 4's. Perhaps a restriction in place for their PI or something...??

Like I say, probably pedantic, and in truth, project B engagement letter, in reality would be a "saved as" version of project A's engagement letter and then a few changes made.

Congrats anyways on the work, good to hear about people doing well in the market!

[northernladuk]

Congrats anyways on the work, good to hear about people doing well in the market!

Thanks, wouldn't go quite as far as that but it is a rare chance to get it right by IR35 properly so want to make the most of it hence the pedantry.