Here's the wording in my contract regarding substitution....
"The consultant shall not be entitled to retain sub-consultants for the performance of its undertakings persuant to the Agreement without written approval or replace personnel without written consent"
"The consultant shall be responsible for ensuring that its employees and other persons retained by the Consultant to perform the engagement possess the qualifications, authority and reliability required to fulfil the engagement. The client shall be entitled to take the measures that it deems necessary in order to ensure that the relevant persons fulfil such requirements"
"In the event the client considers that certain personnel or other persons retained by the consultant for the performance of the engagement are deficient as regards the requirements which may be reasonably imposed for the performance of the Engagement, the client shall be entitled to demand a replacement of such personnel or other persons by written notice to the consultant. The replacement shall occur as soon as possible under the circumstances, and no later than 10 business days following the client's demand"
The contact was arranged without any consideration for IR35, so it genuinely reflects the working agreement and isn't a sham-clause.
So in the CEST question about substition, can I honestly answer that the client cannot reject a substitute?
"The consultant shall not be entitled to retain sub-consultants for the performance of its undertakings persuant to the Agreement without written approval or replace personnel without written consent"
"The consultant shall be responsible for ensuring that its employees and other persons retained by the Consultant to perform the engagement possess the qualifications, authority and reliability required to fulfil the engagement. The client shall be entitled to take the measures that it deems necessary in order to ensure that the relevant persons fulfil such requirements"
"In the event the client considers that certain personnel or other persons retained by the consultant for the performance of the engagement are deficient as regards the requirements which may be reasonably imposed for the performance of the Engagement, the client shall be entitled to demand a replacement of such personnel or other persons by written notice to the consultant. The replacement shall occur as soon as possible under the circumstances, and no later than 10 business days following the client's demand"
The contact was arranged without any consideration for IR35, so it genuinely reflects the working agreement and isn't a sham-clause.
So in the CEST question about substition, can I honestly answer that the client cannot reject a substitute?
Comment