Finding a substitute

[AnthonyQuinn]

There has often been mention of finding a substitute if you are not able / willing to continue your contract. This apparently also helps IR35.

I have spoken to my client that, much as I love the people, the work compares unfavourably to watching paint dry (Have employed a slightly different expression like family, commute blah blah blah). I have offered to provide a replacement. While this has been often mentioned in passing in this forum, has anyone actually done this in practice? How does this work? Does your contract with end client need redrafting? Do you offer some free support to transition, like say 1 day a week, etc? Any tips very welcome indeed

[MyUserName]

It should work like it does for a big consultancy. IBM will send engineers to do the job, who they are does not matter although a client can reject someone if they are unsuitable.

Exactly wow you implement it is probably between you and your client but there should not really be a need for a contract change etc.

[GB9]

I've done it.

Needed to change the name of the supplied consultant for agency timesheet and client security purposes, but otherwise no change. Your contract should be in the name of your company ao that stays the same.

You need a contract between yourself and your sub. QDOS have a good free template on their site.

Try and make a few quid profit if you can, and if you are on the fixed rate vat scheme, beware losing money on vat payments.

You need to submit your invoice plus your sub's timesheet. You get paid. You pay sub.

[jmo21]

I've done it.

Needed to change the name of the supplied consultant for agency timesheet and client security purposes, but otherwise no change. Your contract should be in the name of your company ao that stays the same.

You need a contract between yourself and your sub. QDOS have a good free template on their site.

Try and make a few quid profit if you can, and if you are on the fixed rate vat scheme, beware losing money on vat payments.

You need to submit your invoice plus your sub's timesheet. You get paid. You pay sub.

What type of work do you do and did the client interview the sub?

Was there an agency involved as well?

[FarmerPalmer]

Client was easier to convince than the agency. In my case I reinforced to the client the fact that my company would be responsible for correcting any defects at its cost if it went wrong. Then agency wanted to create a new contract. I insisted that the existing contract was all that was needed, to prove that the current substitution clause works as is. I asked another contractor who I trusted. However this was for a work item my company was contracted to provide (one of many listed) that was only a few days of work.

In your case, you need someone you trust, but doesn't sounds like the sort of contract I would pass on, if I didn't like it, I wouldn't want to stitch a friend up with it.

Good luck

[GB9]

What type of work do you do and did the client interview the sub?

Was there an agency involved as well?

It was project management for data solutions development. I got a better offer and had a sub I had worked with before who was available at the time. Rather fortunate TBH.

They had a chat with him, although I had subtly hinted that I was going anyway and that there was no reason not to take the sub.

I had a substitution clause in my contract with the agency that they accepted. They had an onward clause, so no problem there. The agency was a little surprised as no-one had exercised the clause before, but they were very helpful really.

Slightly nerve-wracking getting it all together, but managed it in the end. Only mistake was on flat rate VAT, which wiped out the small profit I would have made on rate.

Edit: Sub and I also split a few free days handover between us. i.e. between us we worked 10 days but got paid 6. I offered and client would have insisted, but that seemed fair, and it's something you would expect from one of the big consultancies.

[TheFaQQer]

I've done it when it got to the really boring, mundane part of testing - agreed with the client that I had someone else who could do the work who had more experience of that kind of thing than I did, and brought them in through my company.

Explain to the client that it's still your company who ultimately carries the can if things go wrong, and if you highlight that you have someone more appropriate for their needs and it won't cost them anything extra, then they are more likely to accept that.

I went on holiday for a couple of weeks while they finished the testing for me

[AnthonyQuinn]

I've done it.

Needed to change the name of the supplied consultant for agency timesheet and client security purposes, but otherwise no change. Your contract should be in the name of your company ao that stays the same.

You need a contract between yourself and your sub. QDOS have a good free template on their site.

Try and make a few quid profit if you can, and if you are on the fixed rate vat scheme, beware losing money on vat payments.

You need to submit your invoice plus your sub's timesheet. You get paid. You pay sub.

thanks a lot. great point about the flat rate VAT. i suppose i will now have to advise HMRC that I don't want flat rate any more? will let the accountants handle that.

[AnthonyQuinn]

Tried but Failed

so I went through with my idea and proposed a substitute to the client. Backfired spectacularly. When i said I will transition and mentor the substitiute at my cost the client said
1. They have a standard provider for all contractors. They will not hire someone else through my company
2. If i didnt want to stay I could let them know and they will find a substitute anyway.

All I could do to grovel and somehow retain my contract here. Have learnt my lesson. Always trust the old adage. 'Keep your head dwn and keep invoicing'.

[SpontaneousOrder]

I thought you wanted out?
If the substitution clause is pukka, and they aren't even willing to entertain the idea, then I would imagine that they are violating the terms of the contract and you're free to walk without working your notice period.