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Over the past seven years we have developed a tried and tested approach to assessing IR35 and employment status questions generally. We have represented Clients at every level including the Special
Commissioner and beyond and we therefore talk with some authority on employment status.
Employment status is a highly specialised area of Law that not all advisers have time to consider when faced with the questions by their Clients. Unfortunately, employment status impacts on so many areas
of commercial life, from IR35 to Working Time Regulations and Holiday Pay.
We have tailored our IR35 review service with the Professional Adviser in mind to enable them to respond to the demands of their client base.
Any consideration of IR35 has a two stage process.
Firstly, the contract must be considered and this is so even if the contract is by word of mouth only.
The second stage is to consider the working practices or how the engagement is actually being carried out. A questionnaire must therefore be completed (this is designed to cover the situation of oral
contracts as well as written ones).
If the contract is in written form we must also see this document.
Please therefore download our questionnaire and have it completed by your Client and return to us together with a copy of the relevant contract.
We can provide a full report in draft form for you to use on your own headed paper to your Client. Alternatively, we can provide our own report and assist with drafting and negotiating
points with either Agency or Client. |
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For any contract extension we will still have to consider the terms of the extension and whether or not it changes your employment/IR35 status and confirm in writing our opinion. |
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For those Professional Advisers who do not require a full report and have a large number of Clients then a more streamlined process and simple IR35 status indication is available in the form of
Certificate of Compliance. |
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Any extensions to the above contracts that require a Certificate of Compliance. |
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