Substitution???

[BR14]

<get the last word in> placeholder

[JohntheBike]

No.

And there will never be one. A case will not hinge on one point alone. It's too complex and a multitude of factors will need to be consider to make a judgement. I would have though if there was anyone on gods earth that would know this it would be you.

And another point, it's also even more unlikely to happen as substitution is less important as the other pillars, judges have commented on it and even Kate Cottrell has admitted it as so.

Anything to add to this thread that's useful now JtB or are you done?

the validity of any substitution clause is key in the CEST assessment and also in those of QDOS et al. So, the courts might not place the utmost of importance on it, but CEST and QDOS certainly do.

[BR14]

Q.E.D.

[elsergiovolador]

If you told the client that you will be off for a few days and have not sent a substitute, then most likely that invalidates the clause (according to guidance).

[northernladuk]

If you told the client that you will be off for a few days and have not sent a substitute, then most likely that invalidates the clause (according to guidance).

A sub for 6 days? Really?

[elsergiovolador]

A sub for 6 days? Really?

I know, crazy. It seems like the rules are created so that they can say it doesn't affect freelancers, but in reality it makes running a company that provides services next to impossible.

Another one I like is the one that says when you build a project that integrates with client other systems, then that automatically means you work under direction. The same if the client has any standards that projects need to adhere to, e.g. 12 factor.

That's why HMRC is so fixated on their wrong interpretation of MOO, as all this nonsense hinges on that. One can hope their PGMOL appeal gets rejected.

[Paralytic]

Another one I like is the one that says when you build a project that integrates with client other systems, then that automatically means you work under direction. The same if the client has any standards that projects need to adhere to, e.g. 12 factor.

What says that?

[elsergiovolador]

This guidance - https://s3-eu-west-2.amazonaws.com/t...0-Apr-2021.pdf