Originally posted by thunderlizard
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Reply to: Substitution Clause
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Previously on "Substitution Clause"
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Originally posted by thunderlizard View Postso what's the difference between "the client may satisfy itself" and "after client acceptance"?
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so what's the difference between "the client may satisfy itself" and "after client acceptance"?
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It's certainly not good enough as it stands. I would change it to:
The Company will be entitled to send a substitute or delegate of the Consultant to undertake the services to be provided. The client may satisfy itself that any such replacement is sufficiently skilled, qualified and experienced.
A dodgy substitution clause won't have 'little bearing'. Whilst the actual working practices are more important these days, substitution is usually hypothetical so the written terms will potentially have a bit more of a bearing than normal.
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Sufficient? No.
As much as you can generally expect to get? Yes
Contract clauses can put one inside IR35 scope but they cannot get you out of it, that's up the working practicesLast edited by Not So Wise; 29 July 2009, 12:38.
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The wording could be tightened up a bit but I wouldn't get to hung up about these clauses, they have little bearing on IR35.
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Substitution Clause
Just been reading my contract and it has the following in place:
1) The Company will be entitled to send a substitute or delegate of the Consultant after client acceptance to undertake the services to be provided.
Is this sufficient for IR35 or is the 'client acceptance' part a problem here?Tags: None
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