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Perhaps I misread the OP, but I think they're talking about legal clauses in general, not specifically clauses with implications in terms of IR35 (hence the review by QDOS to begin with).
I think too few people recognise that IR35 is only one aspect of securing an equitable contract.
Thanks James, yeah - this is exactly what I was getting at. But thanks all for the answers and thoughts
Originally posted by LisaContractorUmbrellaView Post
I am not sure that it's true to say 'the smallest of clauses can get you' - IR35 comes down to working practices and whether or not there is mutuality of obligation, whether you have an unfettered right of substitution and whether the client has the right to exercise supervision, direction and control
Perhaps I misread the OP, but I think they're talking about legal clauses in general, not specifically clauses with implications in terms of IR35 (hence the review by QDOS to begin with).
I think too few people recognise that IR35 is only one aspect of securing an equitable contract.
I agree with Lisa on this, at the end of the day regardless of how well a contract is written etc it's working practices that matter most when it comes to IR35 a contract isn't worth the paper it's written on if it can't be backed up.
I am not sure that it's true to say 'the smallest of clauses can get you' - IR35 comes down to working practices and whether or not there is mutuality of obligation, whether you have an unfettered right of substitution and whether the client has the right to exercise supervision, direction and control
More than enough info in the first couple of posts..... You don't really need it in plain English. Our types of contracts are not that difficult to grasp but the QDOS, Accountax, B&C and some accountants will go through it with you. Did you have the free QDOS one or the £99 one. The latter is a lot more in depth than the free one. Very few people on here do any more than give one those guys a call.
Accountax are very good, and if your contract passes you can qualify for their IR35 guarantee. Bauer & Cottrell are also popular, as are Qdos of course.
Yes, you're absolutely right. Review of the business terms, beyond IR35, is important (good IR35 reviewers will often flag more general issues for you, but you cannot rely on this). Take a look at this list, for example:
Just after a bit of guidance. Coming to the end of my first contract and something that's become clear is that I should have had my contract professionally reviewed by a legal expert. It was IR35 reviewed by QDOS, and nothing has gone wrong, but with hindsight I've seen a few posts around here that highlight how the smallest of clauses can get people. Obviously I read it myself, but I'm obviously not a contract law expert.
So I just wondered who people use for this stuff? It'd be just nice to pay a few quid for someone to read it and turn it into plain English and highlight anything that I need to be aware of? Or do people not do this?
I'd love to search, but I'm just getting rafts of IR35 info!
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