Updated template contracts - October 2020
On this page you will find links to our new contracts and related documents.
We are pleased to publish these new template contracts, which have been written to reflect the IR35/off-payroll changes happening on 6 April 2021. Though these changes are some months away we want members to have time to transition to the new template contracts.
We encourage members to move to these new contracts as soon as suits their business. However, you can still find our previous suite of templates on the website - we haven't removed anything.
As well as producing new templates, which are available below, we have taken the opportunity review all of our documents with the aim of reducing the number of template contracts you need to think about when working with clients and work-seekers.
For further support, including the latest updates about the off-payroll changes, see the IR35 hub, which includes new guides which you can use with your clients and contractors. To help you get ready, attend one of our virtual IR35 seminars
What changes have we made?
- We’ve merged some of the contracts, specifically those labelled “opted out of the Conduct Regulations” and “non-opted out”, and both “inside” and “outside IR35” (client terms only). Effectively this replaces 16 template contracts with just 6.
- We’ve created new “combined” contracts for members to use when supplying a combination of PAYE temps, temps working through an umbrella company or temps working through their own personal services company. There are two versions – one each when the client is exempt from the off-payroll rules and one when the client is not exempt. Or, if you only supply PSCs, we have contracts for those too. See the IR35 hub for more information about exemptions from the off-payroll rules.
- We’ve made it clearer which contracts to use with umbrellas and which to use with PSCs.
- We’ve simplified text within the contracts where possible.
- We’ve updated a number of related documents such as assignment details forms, Conduct Regulations opt out forms, exempt company declaration form, client status determination and due diligence checklists.
For further details about the changes we've made to the template contracts, download this guide
Send us any feedback you have on the new contracts at email@example.com
*New* Contract 3A - Combined terms with a client which must comply with the off-payroll rules
*New* Contract 3B - Combined terms with a client which is exempt from the off-payroll rules
*New* Contract 3C - Terms with a client which must comply with the off-payroll rules for the supply of PSCs only
*New* Contract 4B - Terms with a PSC (inside IR35 and client must comply with the off-payroll rules)
*New* Contract 4C - Terms with a PSC (outside IR35 and client must comply with the off-payroll rules)
New supporting documents and forms
*New* Document A2 - Assignment Details Form (PSCs not opted out of the Conduct Regulations)
A note on statements of work
We haven’t produced a statement of work contract. We know that there is interest in this as the IR35 changes approach. However, statement of work contracts will be bespoke to the projects undertaken. Delivering, say, an IT project, is very different to supplying IT contractors. Also, when an agency is delivering a project, HMRC will assume it is a labour supply and not a genuine statement of work scenario – the agency will have to demonstrate otherwise. So unfortunately we can’t produce a template statement of work contract which would meet the needs of bespoke arrangements and not be challenged by HMRC. If you do want to go down this route, our legal business partners can help you with contracts.