Some Suggestions on how to successfully argue against IR35…
- There is no control by the Main Company whatsoever over Personal Service Company.
- In the contract with Main Company, (which needs to be very carefully constructed) both parties must agree that if consultant is unable to work, he will send a substitute, chosen, selected, and engaged by the Consultant.
- There must be an agreement that if complaints are made etc. regarding areas of his work, and he needs to change and rectify areas and mistakes, the rectification of the work must be done in his own time, and for no further payment.
- When, at the very start, Main Company approaches Consultant to see if he wants to undertake this project and work, Main Company must say in writing to him initially “How long is this project going to take to complete?” He then emails back and says “One year”. This is the term agreed. There will be no further work offered after this date. This way you have successfully avoided ‘mutuality of obligations’.
- Personal Service Company should have it’s own relevant and appropriate insurance policies paid for by Personal Service Company and obviously not by the Main Company.
- Personal Service Company determines his own hours and dates on which they will perform the work.
- Consultant will not be shown or represented as part and parcel of Main organisation. His company is an independent outside consultant.
- Consultant is not personally invited to any of Main Companies staff functions, parties.
- Consultant receives no benefits that Main Company employees would get.
If you need to discuss more about this please contact us