Employment law is very complex and there are few silver bullets

One is mutuality of obligation: an obligation on the one hand to provide work and on the other to do it. There is a view that having zero notice for termination on the part of the hirer obviates this, irrespective of the notice period on the other side. I know several contractors who say to their clients, sack me whenever you want, but I must give you a month's notice. This is helpful in and of itself from the mutuality perspective; but also as cover for the only real silver bullet: a right to substitution, which the courts tend to feel must be relatively unfettered to be "real". Selling this in to a client is much easier with the no-notice clause above: if you don't like my sub, just terminate the agreement. Bingo, outside IR35. It seems to work for quite a few people.

It does, of course, carry genuine commercial risk. But that's kind of the point.

IPSE do a guide on all this stuff, contract reviews, tax investigation insurance, all of this kind of stuff (disclaimer: no I don't run IPSE) User Posted Link

Posted By: Old Man, Oct 17, 21:29:46