Contracts

Preparing you for the fight…

The battleground of any HMRC status enquiry or status claim in an Employment Tribunal will be the terms that you agree with the subcontractor.  HMRC will seek to establish that the contract in place does not mean the individual is not an employee and seek to claim unpaid tax and NI.  In an Employment Tribunal the individual will argue that the contract is a sham and does not reflect the true agreement.

Chartergates can work with you to draft terms that reflect your business and protect your commerciality but that also protect you from a status challenge from wherever it comes.

A comprehensive contract…

Given these dual threats it is vital that you have robust and well drafted contracts in place.  However, it is not usually enough to simply print a contract and send it out.  The way you agree the contract and what happens in practice will also play a part.

Chartergates can draft you a bespoke contract that takes into account all these factors providing you with as much protection as possible.  We also represent our clients ourselves ensuring that our drafting reflects our experiences in the Tax and Employment Tribunals.  Our drafting skills are not matched and neither is our experience on the issue of employment status.

Ongoing protection…

The law on employment status is constantly being nuanced by the Employment Tribunals and therefore if you already have contracts in place it is important you ensure their currency.  By having Chartergates review your contracts you can ensure they are up to date and effective.  We will provide you with a report that clearly outlines the effectiveness of your contract (we don’t sit on the fence) as well as recommending changes.

Why not become a Chartergate Affiliate and keep up to date with changes in the law allowing you to make sure your contracts are always as strong as possible.

If you would like Chartergates to draft or review your contracts contact us now.