IR35 Substitution Experts

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Two key elements or cornerstones of the IR35 determination (ESD) which Park Ward will target are Substitution and Financial Risk.

Substitution has for some years been discounted as almost universally paying only lip service to the actual requirements and has been discounted in various Employment Tribunal Appeals for this reason.

Park Ward will offer a guaranteed substitution service providing substitute contractors who are:

• Already accepted by Client / Fee payers
• Available on site by agreement
• Paid for by the Ltd Co (PSC)

This actual provision of substitutes will qualify the Ltd Co (PSC) as ‘outside IR 35’ on two of the key cornerstone elements of any determination.

1. Substitution: The substitution itself is not controlled or authorised by the Client or Fee Payer other than recognising the right of the Ltd Co (PSC) to use the services of Park Ward
2. Financial Risk: The Ltd Co (PSC) holds the contract with Park Ward under a subscription model. It is not funded either by the Client, any Agency or by Park Ward

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