Substitution??? Substitution??? - Page 5
Page 5 of 5 FirstFirst ... 345
Posts 41 to 48 of 48

Thread: Substitution???

  1. #41

    Double Godlike!

    BR14's Avatar
    Join Date
    Jun 2017
    Location
    Under your kitchen sink
    Posts
    11,539

    Default

    <get the last word in> placeholder
    Entropy is NOT what it used to be.
    Inertia, however........................

  2. #42

    Contractor Among Contractors


    Join Date
    Nov 2018
    Posts
    1,821

    Default

    Quote Originally Posted by northernladuk View Post
    No.

    And there will never be one. A case will not hinge on one point alone. It's too complex and a multitude of factors will need to be consider to make a judgement. I would have though if there was anyone on gods earth that would know this it would be you.

    And another point, it's also even more unlikely to happen as substitution is less important as the other pillars, judges have commented on it and even Kate Cottrell has admitted it as so.

    Anything to add to this thread that's useful now JtB or are you done?
    the validity of any substitution clause is key in the CEST assessment and also in those of QDOS et al. So, the courts might not place the utmost of importance on it, but CEST and QDOS certainly do.

  3. #43

    Double Godlike!

    BR14's Avatar
    Join Date
    Jun 2017
    Location
    Under your kitchen sink
    Posts
    11,539

    Default

    Q.E.D.
    Entropy is NOT what it used to be.
    Inertia, however........................

  4. #44

    Fingers like lightning


    Join Date
    Apr 2020
    Posts
    632

    Default

    If you told the client that you will be off for a few days and have not sent a substitute, then most likely that invalidates the clause (according to guidance).

  5. #45

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    44,223

    Default

    Quote Originally Posted by elsergiovolador View Post
    If you told the client that you will be off for a few days and have not sent a substitute, then most likely that invalidates the clause (according to guidance).
    A sub for 6 days? Really?
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  6. #46

    Fingers like lightning


    Join Date
    Apr 2020
    Posts
    632

    Default

    Quote Originally Posted by northernladuk View Post
    A sub for 6 days? Really?
    I know, crazy. It seems like the rules are created so that they can say it doesn't affect freelancers, but in reality it makes running a company that provides services next to impossible.

    Another one I like is the one that says when you build a project that integrates with client other systems, then that automatically means you work under direction. The same if the client has any standards that projects need to adhere to, e.g. 12 factor.

    That's why HMRC is so fixated on their wrong interpretation of MOO, as all this nonsense hinges on that. One can hope their PGMOL appeal gets rejected.

  7. #47

    Contractor Among Contractors


    Join Date
    Jul 2019
    Posts
    1,364

    Default

    Quote Originally Posted by elsergiovolador View Post
    Another one I like is the one that says when you build a project that integrates with client other systems, then that automatically means you work under direction. The same if the client has any standards that projects need to adhere to, e.g. 12 factor.
    What says that?

  8. #48

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •