UK Employment Law

UK Employment Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Employment Law

I would like to have a consultant contract reviewed that has

Customer Question
been prepared by my client...
I would like to have a consultant contract reviewed that has been prepared by my client
Submitted: 5 years ago.Category: UK Employment Law
Ask Your Own UK Employment Law Question
Answered in 5 minutes by:
4/1/2012
Solicitor: Jo C., Barrister replied 5 years ago
Jo C.
Jo C., Barrister
Category: UK Employment Law
Satisfied Customers: 70,834
Experience: Over 5 years in practice.
Verified
-Could you explain your situation a little more?

Ask Your Own UK Employment Law Question
Customer reply replied 5 years ago
I am a Financial Consultant and have recently taken on a new client. They have drafted a contract setting the terms of our engagement. I would like the contract reviewed for 2 reasons

- firstly to ensure that the contract is compliant within IR35 for treatment as a Consultant (ie not as an employee)
- secondly, to advise regarding the content of the contract and clauses that I should consider renegotiating with the client.

Attachment: 2012-04-01_120959_consultancy_agreement_29_march_v1_sb.pdf



I have enclosed the file above in a pdf format.

Many thanks,

Shila
Solicitor: UKSolicitorJA, Solicitor replied 5 years ago
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
Satisfied Customers: 4,312
Experience: solicitor
Verified
Hello Shila,

I will review and revert as soon as I am able to.

Thank you
Ask Your Own UK Employment Law Question
Solicitor: UKSolicitorJA, Solicitor replied 5 years ago
Thank you.

The draft contract looks fine and the highlighted areas in yellow are issues for consideration/discussion with the client.

From an IR35 view, the contract looks fine, however, I would suggest the addition of a clause that any defects which arise within a reasonable period (say 3 months of the occurence of the defect) are to be remedied at the consultant's cost. I would suggest deletion of clause 12.1(c) as the client should not seem to have control over the consultant's employees.

Hope this helps
Ask Your Own UK Employment Law Question
Customer reply replied 5 years ago
UKSolicitorJA only

Thanks

Please can you explain the meaning of the following clauses:
4.4
11.4
12.2

Are clauses 11.1 and 14.1b reasonable?

Is the Data Protection section necessary for a Consulting company?

Thanks again,

Shila


Solicitor: UKSolicitorJA, Solicitor replied 5 years ago
Okay, in a short while
Ask Your Own UK Employment Law Question
Customer reply replied 5 years ago
thanks
Solicitor: UKSolicitorJA, Solicitor replied 5 years ago
Thank you.

Clause 4.4 esentially provides that the fact that payment has been made by the Client does not discharge any obligations that may arise in connection with the Services;

11.4 -this helps with IR35 i.e the fact that the client is obliged to take out insurance to cover its obligations (usually professional indemnity cover) and asking the insurer to note on the policy that it is for the benefit of the Client

12.2-the fact that the Client may terminate the Agreement or forgive any breaches of the Agreement despite the protection it has under clause 11.1 (i.e. it may decide not to make a claim under 11.1)

11.1-you may try to ask for a cap on the maximum damages you are liable for under the contract e.g. 100,000 pounds and get insurance for this amount)-this clause also helps with IR35 and is reasonable if you can get a limit put in so that you are not faced with unlimited liability;

14.1b-yes, this protects the client against any direct claims from employees of the limited company consultant.

You could ask for data protection provisions to be deleted but it simply gives the client authority to hold details about you as they are legally dealing with a company (not a person).

Hope this helps. Please click Accept

UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
Satisfied Customers: 4,312
Experience: solicitor
Verified
UKSolicitorJA and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
Satisfied Customers: 4,312
4,312 Satisfied Customers
Experience: solicitor

UKSolicitorJA is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,005 satisfied customers

Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Jenny McKenzie

Jenny McKenzie

1,919 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

4,312 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

23 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
After my brain injury caused by an accident at work, and 3
After my brain injury caused by an accident at work, and 3 months off work, I returned to work on 02/01/18 on a phased return to work. My employer had agreed to this during a meeting on 06/12/17. But … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
I work in London full time and have been continuously
I work in London full time and have been continuously employed for less than 2 years. I was promoted subject to a 6 month probation period only to be informed that I had been unsuccessful and would be… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
Based.. can you still help? Or have Uk branch? Manager and
I'm UK based.. can you still help? Or have Uk branch? … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
Another person has been hired by my company for my role with
Another person has been hired by my company for my role with exactly the same job title, without me being informed. What rights do I have?… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
My wife has worked in a pharmacy for 10 years. She has been
Hi. My wife has worked in a pharmacy for 10 years. She has been banking the takings for a considerable length of time. Apparently there has been questionable errors made over an undisclosed period. My… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
At my new work place someone was told not to come in
at my new work place someone was told not to come in anymore, they wasn't given a real reason, my employer and he's wife change their mind on a daily basis and they have had new staff on a weekly basi… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
The current system I support is being taken out of service
the current system I support is being taken out of service can my employer move me to another role even if I don't want to do this role? 23 years in the same role … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
My company is going through a redundancy process and has had
My company is going through a redundancy process and has had the senior supervisors carry out Selection Criteria Forms on all employees. One of the sections in this is “Qualifications-Fit of qualifica… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
I have worked for 3,5 years for Holland & Barrett and have
I have worked for 3,5 years for Holland & Barrett and have been transferred to different stores and changed my working hours on many occasions without any notice or my consent. Thy forced me to work m… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
Ben. I have a strong feeling I will be made redundant due to
Hi Ben. I have a strong feeling I will be made redundant due to our company's acquisition. My question is, can I be made redundant once having handed in my notice (3 mths), and outside of doing someth… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
If a Deputy Headteacher was told by the Headteacher to
if a Deputy Headteacher was told by the Headteacher to Quality assure the school Single Central Record and they say they have and it later emerges they have. It and the register is inadequate.........… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
My daughter has been working for a local factory in the
Hi, my daughter has been working for a local factory in the sample department since June 2017. (I work in the same factory) This has been on 2 temp contracts of 3 months each. She is 20, has depressio… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
I wish to write a formal complaint about not only a local
i wish to write a formal complaint about not only a local council employee who's title is and was at time of first meeting (assessment interview) unprofessional discourteous dismissive inappropriate u… read more
Nick H
Nick H
LLB
123 satisfied customers
I am intending to resign from a sales position and have an
Hello, I am intending to resign from a sales position and have an amount of commission payments in various states - overdue, pending approval, in dispute, due to be eligible from bookings within my no… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
My husband was working as a salaried person and was asked if
My husband was working as a salaried person and was asked if he wanted to become a partner when one of the two existing partners retired. The retiring partner retired on June 30th 2007 and my husband … read more
Julie Kingham
Julie Kingham
Director
Chartered Tax Adviser
733 satisfied customers
I want to talk with an employment lawyer regarding to an
Second opinion] Hi I want to talk with an employment lawyer regarding to an unfair dismissal. … read more
frantzgregory
frantzgregory
673 satisfied customers
I want to talk with an employment lawyer regarding to an
Hi I want to talk with an employment lawyer regarding to an unfair dismissal. … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
Employment lawyer knowledgeable in mental health act. Would
A question for an employment lawyer knowledgeable in mental health act. Would rather discuss this over phone. I have been assigned a project that made me very ill at my work. I was off two months. I a… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x