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Contractors' Question: Is my substitution clause IR35-friendly?

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    Contractors' Question: Is my substitution clause IR35-friendly?

    Following on from Kate Cottrell's news item dated 2nd Dec 2009, is there anybody that has found a client that will accept a substitution clause that indicates that any substitution is at the sole discretion of the contractor ?

    If I was a client and had a contract with a contractor where I was expecting a professional to do the work, I would not be happy to find an apprentice turning up instead. Therefore as a client I would not agree to a contract that would allow this.

    In many institutions there are a lot of background checks that need to be done to ensure that individuals do not pose a risk to the business. How can this easily work with the contractor substituting somebody without the mutual consent of the client ?

    I think that mutual consent substitution clauses must be the norm in industry.

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