Drafting Watertight Consultancy Agreements - An Introduction
With an estimated two million consultants in the UK, the gig economy and freelancing is on the rise.
But with increased scrutiny and challenges from HMRC and also from workers themselves, is it becoming harder to engage freelancers without the risk to the business of payroll tax assessments by HMRC and employment rights liabilities? Does the use of self employed consultants pose an increased threat for a business to the security and/or privacy of its data, confidential information, intellectual property and relationships with customers and suppliers?
Aimed at those with little or no previous knowledge of the consultancy framework, this live broadcast session looks in detail at some of the clauses that can trip up even the most savvy drafter and the areas of particular importance for both client and consultant.
The session will also consider the impact of recent employment case law post Uber and Pimlico Plumbers, when is a consultant an employee or genuinely self-employed for employment law purposes? It also aims to shed some light on the tax considerations for off-payroll working, including dispelling the confusion between PSCs and MSCs.
What You Will Learn
This live and interactive session will cover the following:
- Overview of consultancy agreements - when to use them (and their growing role in the tech sector) and boilerplate clauses
- Minimising risk of disputes:
- Specification of services
- Service levels
- Time lines - agility/time of the essence
- Implied terms including supply of goods and services
- Intellectual property
- Confidential Information
- Data security
- Data processing
- Restrictive covenants
- Status of consultant - when is a consultant an employee or genuinely self-employed for employment law purposes?
- Employment Rights Legislation considerations and liabilities - post-Uber and Pimlico Plumbers
- Tax considerations - off payroll working
- Individuals - tests for employee/ independent contractor
- Personal Services Companies (PSCs)
- IR35 - when will a consultant working through a PSC come within IR35?
- Proposed reforms of IR35 and their impact
- Managed Service Company (MSC) legislation and the decision of the Court of Appeal in Christianuyi Ltd & Ors v Revenue and Customs  - its impact on the consultant, end client and other third parties who assist or advise a PSC consultant (including accountants and lawyers)
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.