Request for substitution process

[TheCyclingProgrammer]

There's only one reply needed here:

"It's none of your business"

Ask your client if they'll provide you with details of their directors remuneration process and see how far you get with that.

This is incredibly short-sighted advice.

A strong right of substitution clause will pretty much put your role outside IR35. A client asking for details of your substitution process shows that they are willing to take your right of substitution seriously. Having an agreed substitution procedure in place that the client has both enquired about and explicitly agreed to would make it very difficult for HMRC to claim it is a sham. I can't think of any reason why you wouldn't be willing to both document and agree this process with your client.

[LondonManc]

1/ Initially from my trustworthy network of business partners, whose companies vary in size.

2/ On a business to business basis, paid-when-paid. I'd want both you as the client and me as the supplier to be happy with their work. Your payment indicates happiness.

[northernladuk]

As the client appears to be asking the OP to assist them with underpinning the outside IR35 determination, it would be a really stupid move to block that as they'll just declare OP inside.

It's just BB being a pillock again.

[Lance]

There's only one reply needed here:

"It's none of your business"

Ask your client if they'll provide you with details of their directors remuneration process and see how far you get with that.

As the client appears to be asking the OP to assist them with underpinning the outside IR35 determination, it would be a really stupid move to block that as they'll just declare OP inside.

[Old Greg]

There's only one reply needed here:

"It's none of your business"

Ask your client if they'll provide you with details of their directors remuneration process and see how far you get with that.

They would probably direct the OP to page 92 of a report like this. https://s3-eu-west-1.amazonaws.com/f...2017-18_v6.pdf

And then make a note that they are contracting with a tool.

[billybiro]

A public sector client of mine that I have a part time engagement with have asked for me to provide information about my ‘substitution process’.

This is to include:
1) How I would source the substitute
2) Confirm they can work in the UK
3) Pay them

Not been asked this before....

My intention was to reply with things along the line of

1) Utilise my extensive network of professionals that I have built up over years. Point out that I’ve had discussions with a number of other consultants around substitutions in the past and how we would potentially sub for each other (this is true).
2) Seek appropriate legal / hr advice
3) Given it would most likely be a contractor receive invoices from them and pay them via my limited or potentially put them on my payroll as a temp... (and pay appropriate employers NI etc).

Does that sound reasonable? Anyone got any thoughts / gotchas etc?

There's only one reply needed here:

"It's none of your business"

Ask your client if they'll provide you with details of their directors remuneration process and see how far you get with that.

[marius123]

Yes, I suspect what I wrote there was weak. So, I’m trying not to put what I would put word for word here!

I have had discussions with people in a similar position and we have agreed to offer each other substitution work should we need to. There are no formal agreements in place but I’m happy that I could source someone within a few days (although it might cost me).

The eu passport thing seems a sensible easy choice

The people I’ve discussed this with properly are contractors so they would invoice my limited and I’d pay them.

Getting closer? I think I will look at some formal agreements for the future if someone can point me at what they’ve done...

[Eirikur]

For 1 it would be useful if you already have substitution agreements in place with others in the same industry. My ltd co has got a couple which we renew every two years. Might also come in handy when you're being investigated for IR35.

[northernladuk]

A public sector client of mine that I have a part time engagement with have asked for me to provide information about my ‘substitution process’.

This is to include:
1) How I would source the substitute
2) Confirm they can work in the UK
3) Pay them

Not been asked this before....

My intention was to reply with things along the line of

1) Utilise my extensive network of professionals that I have built up over years. Point out that I’ve had discussions with a number of other consultants around substitutions in the past and how we would potentially sub for each other (this is true).
2) Seek appropriate legal / hr advice
3) Given it would most likely be a contractor receive invoices from them and pay them via my limited or potentially put them on my payroll as a temp... (and pay appropriate employers NI etc).

Does that sound reasonable? Anyone got any thoughts / gotchas etc?

Well, to be honest, as a casual observer that reads to me as ..

1) Don't know
2) Don't know
3) Don't know

It wouldn't appear to me that you can get any of the those done at short notice should you suddenly require to send in a sub so next to useless as an approach anyone can sign off against let alone rely on.

I would expect a lot better than that to pass any kind of risk/diligence checks.
Sorry.

[Lance]

for point 2 you simply need to see a valid EU passport.

[marius123]

A public sector client of mine that I have a part time engagement with have asked for me to provide information about my ‘substitution process’.

This is to include:
1) How I would source the substitute
2) Confirm they can work in the UK
3) Pay them

Not been asked this before....

My intention was to reply with things along the line of

1) Utilise my extensive network of professionals that I have built up over years. Point out that I’ve had discussions with a number of other consultants around substitutions in the past and how we would potentially sub for each other (this is true).
2) Seek appropriate legal / hr advice
3) Given it would most likely be a contractor receive invoices from them and pay them via my limited or potentially put them on my payroll as a temp... (and pay appropriate employers NI etc).

Does that sound reasonable? Anyone got any thoughts / gotchas etc?