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The good news is, this is easily fixed - refer to them instead as a 'client contact'. In short, yes, you should ensure that your contract includes a schedule.
Schedules often include other key details such as contract start and end dates, fees, and any specified client or agency contacts. However, do not also include the ‘suffix’ hereto or to this Agreement. Any notice period up to 4 weeks is considered acceptable - however, an immediate right to terminate is ideal. We also offer IR35 investigation insurance with representation from Andy Vessey, should it go to tribunal. If a specific location is listed, then it should be followed up by the requirement that any other locations are allowed if 'mutually agreed upon by both parties'. Your end client should not be able to control where you are expected to work.
Larsen Howie Limited is authorised and regulated by the Financial Conduct Authority, Firm Reference Number: 738973. Larsen Howie offers both a contract assessment and a full review to help you learn more about your IR35 status and offer guidance on how to improve your position. Only employees should be eligible for increased rates of pay. Not much. No details will be passed to third parties, Knowledge hub home Its time to get this changed - after all, you're free to work whenever you want as a genuine contractor. All Rights Reserved. Ensure you that your contract schedule, and indeed your contract in general, specifies that you have a flat rate of pay. *By entering your details you consent to Larsen Howie contacting you in relation to relevant offers, products and services. You must have JavaScript enabled in your browser to utilize the functionality of this website. Ensuring you're outside of IR35 can often feel never-ending, but it is best to be proactive. You should not be controlled or supervised by the end client in the way you provide your services. Ideally, a contract schedule should include a specific list of deliverables and their corresponding deadlines; the more detailed the list of services, the better for your IR35 status. In short, yes, you should ensure that your contract includes a schedule. A contract schedule is a single or few pages, either before or after the main agreement, that outlines a timeline for the services provided. This will clarify that you are engaged for certain services rather than the day to day work of an employee. One we often get asked is: what is a contract schedule and why do I need one? Any Dolly Parton’s out there working 9-5 Monday to Friday, this could negatively impact your IR35 status. It should specify key details and milestones, particularly if it's a lengthy project. Contracting's not going anywhere, so we're here to help you stay on the right side of IR35 - plus address some FAQs along the way. In cases where a schedule is not included, you'll often find that it's replaced with just a few simple sentences. For any further information or guidance, please call us on 01163 800 400 or drop us an email. It is good practice to establish a standard phrase to refer to a schedule, as part of the company’s or firm’s contract drafting conventions.
Our IR35 full review provides a detailed breakdown of the contract and schedule, including analysis of which clauses are positive, which are negative, and which are neutral on a clause by clause basis. Being instructed to work specific times is indicative of employment. Do I need a contract schedule? Listing it as 40 hours a week would imply that it is your choice as to when you provide the services therefore strengthening your IR35 status. With so much bad news swirling around IR35, it's easy to lose sight of the fact that contracting is, in fact, one of the best ways to work. If hours are specified, it's better to keep this non-specific. Our VAT Registration Number is: 342 1765 14, © Larsen Howie Limited. Next Post. Be aware that if the location is listed as being one set address, it could affect your status. What is the difference between a schedule and annexure? Remember, you should have the freedom to decide where you provide your services from. A contract schedule is a critical part of a contract for services, and it's something that many agencies don't focus on as heavily as they should.
A contract schedule is a single or few pages, either before or after the main agreement, that outlines a timeline for the services provided. Contract Schedule means a complete schedule of all Contracts that is attached to this Agreement and marked as Schedule 1. If you are named as the sole 'Consultant' or 'Representative', it could be construed that the end client requires you personally to provide the services. If your contract schedule appears to be ongoing with no set end date, it could mean bad news for your IR35 status.
Larsen Howie Limited is VAT Registered. Not only does it specify how much is to be paid, it also outlines how the money should be paid, when it should be paid and whether payment is dependent on any actions. Registered number: 9887741. Previous Post
If a contract can be terminated without notice, it demonstrates financial risk which is always positive for IR35 status. Registered office: Offices 8 & 9, Burrough Court, Burrough-on-the-Hill, Melton Mowbray, Leicestershire, LE14 2QS. It's understandable to feel overwhelmed about the IR35 reform. JavaScript seems to be disabled in your browser. If this is the case, it creates the impression that your end client would not accept a substitute. Our preferred view is to refer to an appendix, annexure or addendum as an ‘attachment’ If you are required to provide services during specifically required hours, be careful. Be aware that lengthy notice periods could affect your IR35 status - both parties should be free to terminate the contract. Alternatively, take a look around our Knowledge Hub for more IR35 advice, industry news and contractor guides. IPSE's latest study showed that the number of self-employed people in the UK is the highest it's ever been (a whopping 5 million), despite the looming changes to the off-payroll rules and an epidemic of blanket status determinations. The "Schedule of Contract Documents" is a list of the documents that will be incorporated into the contract and the "Scope of Contract" is a succinct summary of the goods, works (including the physical extent of the works) and / or services to be provided under the contract. This could make HMRC have reason to believe that you are an employee with an ongoing role, as opposed to a temporary addition to the workforce. A payment schedule contract outlines what the payment terms are between the parties involved. Larsen Howie Limited is a company registered in England & Wales. A simple change such as 'Consultant(s)' or adding 'or such a substitute as is agreed upon by both parties' should remedy this. Does your contract schedule list increased rates of pay for services provided on weekends or bank holidays?
It should specify key details and milestones, particularly if it's a lengthy project. For the sake of an outside-IR35 determination, this should be avoided. Without a schedule, it's often not clear what services you are expected to provide which could, in turn, have a negative affect your IR35 employment status. The Contract Schedule may take the form of a computer file, a microfiche list, or another tangible medium that is commercially reasonable. A client contact is viewed as having less influence over how the work is to be done, and are typically in place only to receive reports of the progress of services.
Of course, for certain professions like locum vets or nurses that require you to follow surgery times, or for projects that require you to work with people in different time-zones, reasonable allowances can be made. Be wary if your services are summed up into a job title. This would allow you to provide your services from wherever you wish, which is how HMRC expects contractors to operate. However, if you're concerned about the contents of your contract schedule, we recommend a full review.
Read on to find out what a contract schedule is and why you need one. 2020 | Cookies Policy | Privacy Policy | Sitemap | Website Terms of Use, IR35 Tax Investigation & Liabilities Insurance. Sorry, you must be logged in to post a comment. If it's stated in your contract schedule (or anywhere in your contract, for that matter) that you have a line manager, it could be a concern for your IR35 status. Including a set start and end date for the agreement shows that you're engaged for a specific set of tasks rather than an ongoing job, which could be indicative of an employer-employee relationship. Ensure a description of the services is included in your contract schedule. Try to avoid contracts that don't include a schedule wherever possible.
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