Consultancy Agreement Solicitors in London
Our expert consultancy agreement solicitors know full well that in recent years business has embraced the use of consultants, engaging staff on the basis of consultancy agreements rather than more traditional contracts of employment. A consultancy agreement brings an element of flexibility – companies can bring in staff that suit the immediate needs of the business, without being obliged to provide ongoing work and without the overheads associated with employees. Equally, for a successful consultant, rates of pay are often substantially higher than those of employees doing the same work, and there is a sense of being your own boss.
If you are a business looking to hire, a commercial solicitor at South Bank Legal can talk you through the pros and cons of hiring staff on consultancy agreements and the various legal issues arising. You will need to be on top of issues such as:
- Will the consultant be genuinely self-employed, or is the consultant, in spite of what the consultancy agreement says, in fact an employee or worker for employment law purposes?
- What is the consultant’s status for tax purposes? Will IR35 apply? Often accountancy advice is needed here and we will work closely with your accountants of choice to ensure the advice you receive is clear.
- To what extent should you seek to impose controls on the consultant and how the work is performed? There is obviously a fine line here, as a relationship of control will increase the risk that the consultant is not actually self-employed, but in fact an employee.
- Should consultants be required to maintain their own policies of insurance, or will they come under the umbrella of the firm’s policies?
- Will it be appropriate for the consultancy agreement to restrict the consultant from poaching key staff or clients that the consultant comes into contact with?
- How will the consultancy agreement treat intellectual property that is authored and generated by consultants in performance of their duties? The default position is that those intellectual property: a piece of work or a creation by th... rights vest in the consultant.
If you are a consultant for hire, a consultancy agreement solicitor at South Bank Legal can deliver you with cost effective advice and a standard consultancy agreement, enabling to contract with your clients on your own terms. We can also advise you on the possibility of incorporating a limited company: in company law, a corporation or incorporat..., through which your consultancy services can be provided to your clients.
If you need advice in relation to a consultancy agreement or similar business contract, you can contact us today for a confidential discussion.