What are the terms of a IR 35 Contract?

Clearly the working practices of your contract must be reflected in the contract itself. It is important that your contract reflects the way you and the agent/client interact.

That said, the contract ideally frames the interaction in terms of clear self-employment, being focussed on relative weighting of factors such as the following:

  1. the contract between you and your agency mirroring the contract between agency and client
  2. there may be rights in some circumstances for your substitution by the client
  3. you might be required to undertake your own training, development and research
  4. you may be able to work for other clients elsewhere simultaneously
  5. you are able to exert some form of control over your working day, i.e. hours worked
  6. you might be expected to provide your own equipment
  7. you might be expected to undertake some form of financial risk in providing your services
  8. your payment periods and terms of remuneration
  9. your use of the client’s work facilities, such as a gym or your own dedicated office
  10. there must be a consideration of the “mutuality of obligations” set out in your relationship – e.g. with regular work and/or rolling contracts it could be argued that you are an employee
  11. you might have your own letterhead and fully formed business persona including IP and website
  12. the contract does not show a price for the work and an approximate date for completion, simply stating you will work a set number of hours per week for an hourly rate and
  13. you may stipulate in your contract that you are providing professional indemnity insurance and under what provisos.

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