This template is suitable for a multitude of work types for a self employed person. It is drafted for periodic assignments with any client. It clarifies the self employed status of the consultant. Contains specific provisions relating to a self-employed person, plus all the usual provisions which can be adapted to suit your unique circumstances.
About this document
This is a comprehensive consultancy agreement. We also have a consultancy terms and conditions document which you can find linked right. The difference is simple – a terms and conditions document provides non negotiatble terms. An agreement is a starting point for individual negotiation with your client. Which you choose depends simply on how you work.
If you describe yourself as a “consultant” or if you are selling expertise or knowledge, you need one the consultancy documents. If you take your clients only off the Internet, you will need a “terms and conditions” document to put on your website.
Further, this document is drawn for specific “assignments”, while the consultancy terms and conditions is drawn for repeat work, paid either by lump sums of by the hour.
If you are self employed, but do not do work which you would describe as “consultancy”, chose the self employed contract. You may be a gardener, a horse trainer, a builder or a yacht repairer.
This document is suitable for a consultant or self employed person in any field or a “client” requiring a contract to set out trading terms with a consultant or self employed person.
A note on self employment: For thousands of self employed people some version of this document will be presented to a new client as “my contract”. For any business using self employed people it provides the essential starting point for the relationship.
Note however, that although the agreement clothes the transaction with all the characteristics of self employment, simply using one of these contracts will not necessarily avoid the relationship of employer and employed. Any industrial tribunal will be entitled to look behind the agreement at the reality of the contract. Some of the questions they might ask are:
• Is this the contractors only work or does he work for others too?
• Does the client control how the work is done?
• Are the hours fixed by the client or can the contractor choose when he works?
• Does the contractor work on the clients premises, using the client’s equipment?
• To what extent is the contractor at risk as a self employed person?
• Is self employment normal for this kind of work?
Application and features
“Over-arching” agreements designed for ongoing use to cover a series of assignments;
May also be used for single assignment;
Consultant to work from home or office;
Very flexible to suit the requirements of either or both parties;
Provides a complete framework;
Protects both sides;
Establishes as far as possible a self employed status;
Reduces the chances for employer obligations to arise.
Contents
Consultant’s obligations;
Consultant’s status;
Consultant’s fees and expenses;
Duration and termination;
Matters after termination;
Consultant’s other work;
Data protection;
Insurance;
Confidentiality;
Intellectual property;
Appropriate legal provisions – warranties, exclusions, indemnities to protect your interests.