Client Questionnaire

IR35 Client Questionnaire

IR35 Client Questionnaire for

Intro text

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Please confirm your role *

Substitution

Q:If you sent a suitably qualified replacement in your place, would they ever be rejected?
Q:If a suitably qualified substitute was sent in the place of the original contractor, would they ever be rejected?
Q:If a suitably qualified substitute was sent in the place of the original contractor, would they ever be rejected?
Q:If a suitably qualified substitute was sent in the place of the original contractor, would they ever be rejected?
S01|C01|Q01 *
Q:If you provide a Substitute , Would you expect to get paid and then pay the substitute
Q:In the case of a substitute , would you pay substutute directly or would you pay the contractor and expect him to pay the substitute?
S01|C02|Q01 *
Q:Does your contract explicity state that you can send another suitably qualified individual to do the work in your place?
Q:Does the contractor/worker have the right under the terms of their contract to send another individual to do the work in their place?
Q:Does the contractor/worker have the right under the terms of their contract to send another individual to do the work in their place?
Q:Does the contractor/worker have the right under the terms of their contract to send another individual to do the work in their place?
S01|C03|Q01 *
Q:If a substitute takes your place, are you responsible for both finding them and paying them?
Q:If a substitute takes the place of the original contractor, is that contractor (or their business) responsible for both finding and paying them?
Q:If a substitute takes the place of the original contractor, is that contractor (or their business) responsible for both finding and paying them?
Q:If a substitute takes the place of the original contractor, is that contractor (or their business) responsible for both finding and paying them?
S01|C04|Q01 *
Q:Is it written into the contract that the client must accept a suitably qualified substitute?
Q:Is it written into the contract that the client must accept a suitably qualified substitute?
Q:Is it written into the contract that the client must accept a suitably qualified substitute?
Q:Is it written into the contract that the client must accept a suitably qualified substitute?
S01|C05|Q01 *
Q:Did an agency arrange your engagement without an interview by the client?
Q:Was the engagement of the contractor arranged by an without an interview by the client?
Q:Was the engagement of the contractor arranged by an agency without the contractor being interviewed by your organisation?
Q:Was the engagement of the contractor arranged by an without an interview by the client?
S01|C06|Q01 *
Q:If you found that you were unable to do the work for yourself – would the client find it acceptable for you to send someone else to do the work in your place?
Q:If the contractor was unable to do the work – would the client find it acceptable for the contractor to send someone else to do the work in their place?
Q:If the contractor was unable to do the work – would it be acceptable for the contractor to send someone else to do the work in their place?
Q:If the contractor was unable to do the work – would the client find it acceptable for the contractor to send someone else to do the work in their place?
S01|C07|Q01 *
Q:Would it be your responsibility to find and pay your substitute?
Q:Would it be the contractor’s responsibility to find and pay for a substitute?
Q:Would it be the contractor’s responsibility to find and pay for a substitute?
Q:Would it be the contractor’s responsibility to find and pay for a substitute?
S01|C08|Q01 *
Q:Under the terms of your contract, would the client be obliged to accept any suitably qualified substitute?
Q:Would the client be obliged to accept any suitably qualified substitute?
Q:Would your company be obliged to accept any suitably qualified substitute?
Q:Would the client be obliged to accept any suitably qualified substitute?
S01|C09|Q01 *
Q:Have you ever been the position where you have had engaged and paid for someone else to take your place for some or all of a project?
Q:Have you ever been involved in a project where a contractor has engaged and paid for someone else to take their place for some or all of a project?
Q:Has your company ever had a project where a contractor has engaged and paid for someone else to take their place for some or all of a project?
Q:Have you ever been involved in a project where a contractor has engaged and paid for someone else to take their place for some or all of a project?
S01|C10|Q01 *
Q:Has a client ever rejected a suitably qualified contractor selected by you and refused to accept them in your place?
Q:Have you ever rejected a suitably qualified person - selected by the contractor - to take their place?
Q:Have you ever rejected a suitably qualified person - selected by the contractor - to take their place?
Q:Have you ever rejected a suitably qualified person - selected by the contractor - to take their place?
S01|C11|Q01 *
Q:Are you aware of any instances where the client has permitted another contractor to provide a replacement worker?
Q:Are you aware of any instances where a contractor has been permitted to provide a replacement worker?
Q:Are you aware of any instances where a contractor has been permitted to provide a replacement worker?
Q:Are you aware of any instances where a contractor has been permitted to provide a replacement worker?
S01|C12|Q01 *
Q:Is it written in to your contract that you can elect to bring an assistant or subcontractor to work with you?
Q:Is the contractor permitted, under the terms of the contract, to bring an assistant or subcontractor to work alongside them?
Q:Is the contractor permitted, under the terms of the contract, to bring an assistant or subcontractor to work alongside them?
Q:Is the contractor permitted, under the terms of the contract, to bring an assistant or subcontractor to work alongside them?
S01|C13|Q01 *
Q:Is it your responsibility to find the assistant and to pay for them?
Q:Is it the contractor’s responsibility to find and pay for the assistant?
Q:Is it the contractor’s responsibility to find and pay for the assistant?
Q:Is it the contractor’s responsibility to find and pay for the assistant?
S01|C14|Q01 *
Q:Does the client have any say in the selection of the assistant – for example, interviewing them? (What criteria would the client apply to approve a helper?)
Q:Do you have any say in the selection of the assistant – for example, interviewing them?
Q:Do you have any say in the selection of the assistant – for example, interviewing them?
Q:Do you have any say in the selection of the assistant – for example, interviewing them?
S01|C15|Q01 *
Q:In your opinion, do you think that your client would accept the idea of you bringing in an assistant or subcontractor to work alongside you?
Q:In your opinion, do you think it would be deemed acceptable for the contractor to bring in a helper or subcontractor to work alongside them?
Q:Would it be acceptable for the contractor to bring in a helper or subcontractor to work alongside them?
Q:In your opinion, do you think it would be deemed acceptable for the contractor to bring in a helper or subcontractor to work alongside them?
S01|C16|Q01 *
Q:Have you had the experience of bringing in a subcontractor or assistant who has worked alongside you who has been paid by your limited company?
Q:Have you had the experience of a contractor bringing in a subcontractor or assistant who has worked alongside them and has been paid by their limited company?
Q:Have you had the experience of a contractor bringing in a subcontractor or assistant who has worked alongside them and has been paid by their limited company?
Q:Have you had the experience of a contractor bringing in a subcontractor or assistant who has worked alongside them and has been paid by their limited company?
S01|C17|Q01 *

Mutuality of obligation

Q:Is there an expectation of continuing work to be provided by the client after the initial contract?
Q:Is there an expectation of continuing work to be provided by the client after the initial contract?
S02|C01|Q01 *
Q:After the initial contract, are you able to decline any additional work offered by the client
S02|C02|Q01 *
Q:Are there fixed daily working hours for contractors? i.e 7.5 hours a day
Q:Are there fixed daily working hours for contractors? i.e 7.5 hours a day
Q:Are there fixed daily working hours for contractors? i.e 7.5 hours a day
S02|C03|Q01 *
Q:Are you obliged to complete tasks outside your job description on the client's request?
Q:Are contractors obliged to complete tasks outside of their job description on the client's request?
Q:Are contractors obliged to complete tasks outside of their job description on the client's request?
S02|C04|Q01 *
Q:Can you terminate the contract at any point during the period covered by the agreement?
Q:Can you terminate the contract at any point during the period covered by the agreement?
S02|C05|Q01 *
Q:If you terminate the contract, are you required to give notice?
Q:If the client terminates the contract are they required to give notice?
Q:If you terminate the contract, are you required to give notice?
S02|C06|Q01 *
Q:If you terminate the contract, how much notice is required?
Q:If the client terminates the contract, how much notice is required?
S02|C07|Q01 *

Supervision, direction & control

Q:Are you told how to do the work?
Q:Do your Project Managers instruct contractors how to complete their work?
Q:Do you instruct your team how to do their work?
S03|C01|Q01 *
Q:Do you have skills/expertise that is rare on your client site?
Q:Do you recruit specialist contractors to provide specific skills/experience?
Q:Do your contractors have specialist skills for specific roles?
S03|C02|Q01 *
Q:Do you work alongside permanent staff with the same skills/experience as yourself?
Q:Do you have permanent staff with the same skills/experience as the contractors?
Q:Do you recruit contractors because the skills/experience they have does not exist within your permanent team?
Q:Do your contractors and permanent staff complete the same tasks?
S03|C03|Q01 *
Q:Are you working on the project you were engaged to work on?
Q:Do you only allow contractors to work on the project they were engaged to work on?
Q:Do you ensure that contractors are working on the projects that were engaged to work on?
Q:Are contractors working on the project that were engaged to work on?
S03|C04|Q01 *
Q:Is the project you are working on specified in the contract?
Q:Do your contractors work towards a set of defined deliverables?
Q:Is the project a contractor is working on specified in their contract?
Q:Do you agree deliverables for contractors to work towards?
S03|C05|Q01 *
Q:Can the client move you to other work not in the agreed scope of work?
Q:Can you move contractors to pieces of work not in agreed scope?
Q:Do you allow contractors to be moved to pieces of work not in the agreed scope?
Q:Have you ever moved contractors to pieces of work not in agreed scope?
S03|C06|Q01 *
Q:Has there ever been a time you refused to complete work which is outside the contract obligations?
Q:Have your contractors refused to complete work requested due to it been outside their contract obligations?
Q:Have you ever assigned your contractors specific tasks which was refuse due it been outside their contract obligations?
S03|C07|Q01 *
Q:Are you required to be present at the client site within specific hours?
Q:Are there any directives requiring a contractor to be onsite for or within specific hours?
S03|C08|Q01 *
Q:Do your contract allow you to carried out your work any time of the day?
Q:Are contractors given the flexiblity to work any time of the day?
Q:Are contractors given the flexiblity to work any time of the day?
Q:Can the work assigned to contractors be completed at any time of the day?
S03|C09|Q01 *
Q:Can you dictate your own working hours per day/week required to provide the services?
Q:Can your contractors dictate their own working hours per day/week?
S03|C10|Q01 *
Q:Is there a minimum number of hours per week you're required to work?
Q:Do you require contractors to work a minimum number of hours per week?
Q:Is there any directive requiring
contractors to work a minimum
number of hours?
S03|C11|Q01 *
Q:Is there is specified number of hours wrriten into your contract?
Q:Is there a minimum number of hours per week written into the contract?
S03|C12|Q01 *
Q:Will you be paid for any extra hours worked for work request as per your contract?
Q:Is there is specified number of hours wrriten into your contract?
S03|C13|Q01 *
Q:Is there a maximum number of hours per week you're required to work?
Q:Do you require contractors to work a maximum number of hours per week?
Q:Is there any directive requiring
contractors to work a maximum
number of hours?
S03|C14|Q01 *
Q:Are you require to get authrosation for a time off?
Q:Do you give authrorisation for contractor to have time off?
Q:Do you require contractor to ask permission for time off?
Q:Do you give authrorisation for contractor to have time off?
S03|C15|Q01 *
Q:Are there any restriction preventing you from providing services to other clients in your current client engagement?
Q:Do you restrict contractors from engaging with other clients during the duration of their contract?
S03|C16|Q01 *
Q:Do you have to be present in a client site or another specific site due to the nature of the work?
Q:Does the services to be provided by the contractors require them to be onsite or in a specific site?
S03|C17|Q01 *
Q:Are you able to carry out tasks and work away from the client site?
Q:Are contactors allowed to carry out work as per their contract offsite?
Q:Are contactors allowed to carry out work as per their contract offsite?
S03|C18|Q01 *
Q:Have you been refused a request to work offsite?
Q:Have you declined a contractors request to work offsite?
Q:Have you declined a contractors request to work offsite?
S03|C19|Q01 *
Q:Have you performed any work or services away from the client site?
Q:Has any of your contractors performed any of assigned work or service at a site other than the organsation's?
Q:Have you assigned work to contractors which was complete off site?
S03|C20|Q01 *
Q:Please input on average how many days per week are services carried out on the client site?
Q:Please can you input on average the number of days per week contractors carry out services off site?
S03|C21|Q01 *
Q:Does the client have the ability to direct you to perform services at a specific location other than the location specfic in the contract?
Q:Will contractors be required to work at any other site other than what was originally agreed in the contract?
Q:Have you sent contractors to perform tasks and work at various loction other than what has been specificed in the contract?
Q:Will contractors be required to work at any other site other than what was originally agreed in the contract?
S03|C22|Q01 *
Q:When working on a project, is there an expectation that the client will allocate task/work outside the scope of the project during your notice period once notice to terminate has been given?
Q:Is the contractor expected to accept tasks/work outside the scope of a project during notice period which they have been allocted as per their contract?
Q:Is the contractor expected to accept tasks/work outside the scope of a project during notice period which they have been allocted as per their contract?
S03|C23|Q01 *
Q:Would your engagement end with the client serving a no notice period when the work request or project has been completed?
Q:Would you terminate the engagement with contractors once the work/project is completed as mentioned in the contract, with no notice period?
Q:Would a contractor be terminated once project or work has been completed as mentioned in the contract with no notice period?
S03|C24|Q01 *
Q:Are you require by the client to take up more work outside the scope of services agree in the contract?
Q:Do you require contractors to take on further work as required which will be outside the scope of services agreed in the contract?
Q:Are contractors required to take on extra work which falls outside of their contractual agreements?
S03|C25|Q01 *
Q:Do you expect further work to be offered to you after your existing contract has ended?
Q:Are you inclined to offer more work to a contractor after their existing contract has come to an end?
Q:Are you inclined to offer more work to a contractor after their existing contract has come to an end?
S03|C26|Q01 *
Q:Historically, have you had mutiple contract renewals without no gaps in between each contract?
Q:Have you issued multiple contracts in succession with an existing contatctor with no gaps in between?
Q:Have you issued multiple contracts in succession with an existing contatctor with no gaps in between?
S03|C27|Q01 *
Q:Is your current client you last permanent employer?
Q:Do you have any existing contractors who were previous permanent staff?
Q:Do you have any existing contractors who were previous permanent staff?
S03|C28|Q01 *
Q:Were you employed by your current client as an employer in the previous two weeks prior to the contract?
Q:Have you engage any previous employees as contractor within two weeks of exiting the organisation?
Q:Do you have any previous employees which began working as a contractor two weeks after leaving the organisation?
S03|C29|Q01 *
Q:Is your current engagement a continuation of your former job description?
S03|C30|Q01 *
Q:Are you expecting payment when there is a downtime or gaps during the engagement with the client?
Q:Do you pay contractors during downtime or gaps in the course of the engagement?
Q:Do you pay contractors during downtime or gaps in the course of the engagement?
S03|C31|Q01 *
Q:Should there be any delay or you are unable to perform your scheduled assignment, are you contractually require to take on other tasks that assigned by the client that meet your skill set?
Q:Do you assigned other tasks or work that is outside the agreed engagement when there is a delay in the schedule assignment?
Q:Do you assigned other tasks or work that is outside the agreed engagement when there is a delay in the schedule assignment?
S03|C32|Q01 *
Q:Do you get paid for time off work due to sickness?
S03|C33|Q01 *

Other

Q:Are there any clauses in your contract that restrict you from paid work for another client during your client?
Q:Do you have any clauses in the contract that restrict the contractor from paid work for another client during your engagement?
S04|C01|Q01 *
Q:Do you have business cards for your company?
Q:Do any contractors have business cards with your logo or branding on them?
S04|C02|Q01 *
Q:Do you have Stationary such as letter heads for your company?
Q:Do any contractors use stationary branded by your company such as letter heads?
S04|C03|Q01 *
Q:Is your company VAT registered?
S04|C04|Q01 *
Q:Do you have a business phone line or mobile?
Q:Do any contractors have a Phoneline or mobile provided by your company?
Q:Do any contractors have a Phoneline or mobile provided by the client?
S04|C05|Q01 *
Q:Do you have a business Broadband line?
S04|C06|Q01 *
Q:Does your company have a relevant website and associated email addresses?
S04|C07|Q01 *
Q:Has your company produced any marketing materials or paid for any advertising?
S04|C08|Q01 *
Q:Does your company have a logo or trademark?
S04|C09|Q01 *
Q:Do you have a company credit card?
S04|C10|Q01 *
Q:Do you have proffesional Indemnity Insurance?
S04|C11|Q01 *
Q:Do you have an office premise or dedicated business space in your home (e.g. home office)?
S04|C12|Q01 *
Q:Does your company hold any professional membership?
S04|C13|Q01 *
Q:Does your business have any other significant revenue generating activities/streams outside of this contract?
S04|C14|Q01 *
Q:Has your company spent money on training you for skills you use in your contracting career?
S04|C15|Q01 *
Q:Does your company retain any funds?
S04|C16|Q01 *
Q:Can you use any previous Code/Process and retain intellectual property rights?
Q:Can the contractor use a previously developed code or process and retain intellectual property rights?
Q:Can the contractor use a previously developed code or process and retain intellectual property rights?
Q:Can the contractor use a previously developed code or process and retain intellectual property rights?
S04|C17|Q01 *
Q:Have you had contracts with different clients over the past few years?
S04|C18|Q01 *
Q:Have you had a gap of a month or more between contracts where you wanted work but couldn't find it?
S04|C19|Q01 *
Q:Was your contract secured through an agency?
Q:Was the contractor secured through an agency?
S04|C20|Q01 *
Q:Have you ever completed a fixed price contract which took more than a month to complete?
Q:Have you ever procured a fixed price contract which took more than a month to complete?
S04|C21|Q01 *
Q:How many contracts did you start last year?
S04|C22|Q01 *
Q:What is your average contract length over the past 3 years?
S04|C23|Q01 *
Q:Do you have any concurrent contracts?
S04|C24|Q01 *
Q:How many years have you been contracting?
S04|C25|Q01 *
Q:"Will the worker perform any office holder duties?

e.g. This engagement will include performing office holder duties for the end client, if:
• the worker has a position of responsibility for the end client, including board membership or statutory board membership, or being appointed as a treasurer, trustee, company director, company secretary, or other similar statutory roles
• the role is created by statute, articles of association, trust deed or from documents that establish an organisation (a director or company secretary, for example)
• the role exists even if someone is not engaged to fill it (a club treasurer, for example)"

S04|C26|Q01 *
Q:"Are you an 'Office holder' in your clients company?

e.g. This engagement will include performing office holder duties for the end client, if:
• the worker has a position of responsibility for the end client, including board membership or statutory board membership, or being appointed as a treasurer, trustee, company director, company secretary, or other similar statutory roles
• the role is created by statute, articles of association, trust deed or from documents that establish an organisation (a director or company secretary, for example)
• the role exists even if someone is not engaged to fill it (a club treasurer, for example)"

S04|C27|Q01 *
Q:Will the client provide you with training at their expense?
Q:Will your company provide training for the worker at their expense?
Q:Will your company provide training for the worker at their expense?
Q:Will the client provide training for the worker at their expense?
S04|C28|Q01 *
Q:Have you been subject to any formal Appraisal/performance management scheme?
Q:Are contractors subjet to any formal Appraisal/performance management scheme?
Q:Are contractors subjet to any formal Appraisal/performance management scheme?
Q:Are contractors subjet to any formal Appraisal/performance management scheme?
S04|C29|Q01 *
Q:Are you expected to have any responsibility for appraisals/discplinary actions relating to the clients employees?
Q:Is the contractor expected to have any responsibility for appraisals/discplinary actions relating to the your employees?
Q:Is the contractor expected to have any responsibility for appraisals/discplinary actions relating to the your employees?
Q:Is the contractor expected to have any responsibility for appraisals/discplinary actions relating to the your employees?
S04|C30|Q01 *
Q:Have you recieved a performance related bonus that the clients employees have also recieved for work covered by your contract? Are you expecting to ever recieve one?
Q:Has a contractor ever recieved a performance related bonus that the clients employees have also recieved for work covered by their contract?
Q:Has a contractor ever recieved a performance related bonus that the clients employees have also recieved for work covered by their contract?
S04|C31|Q01 *
Q:Do you have any access to employee benefits such as a subsidised canteen/sports facilities?
Q:Do contractors have any access to employee benefits such as a subsidised canteen/sports facilities?
Q:Do contractors have any access to employee benefits such as a subsidised canteen/sports facilities?
S04|C32|Q01 *
Q:Are you provided with any client company branded business cards etc... with their name on it?
Q:Do you provide the contractor with any company branded business cards etc... with their name on it?
Q:Do you provide the contractor with any company branded business cards etc... with their name on it?
S04|C33|Q01 *
Q:Do the companies ID cards differentiate between employees and contractors?
Q:Do the companies ID cards differentiate between employees and contractors?
Q:Do the companies ID cards differentiate between employees and contractors?
Q:Do the companies ID cards differentiate between employees and contractors?
S04|C34|Q01 *
Q:Would you be expected to attend any formally organised company social events? e.g. christmas party
Q:Would the contractor be expected to attend any formally organised company social events? e.g. christmas party
Q:Would the contractor be expected to attend any formally organised company social events? e.g. christmas party
S04|C35|Q01 *
Q:Are you present in internal organisation charts and if so are you clearly marked as a contractor?
Q:Do your internal organisation charts display contractors and if they are present are they clearly marked as contractors?
Q:Do your internal organisation charts display contractors and if they are present are they clearly marked as contractors?
S04|C36|Q01 *
Q:Do you have a job title at your current contract?
Q:Do contractors have specific job titles?
Q:Do contractors have specific job titles?
Q:Do contractors have specific job titles?
S04|C37|Q01 *
Q:Are you asked to attend employee issue meetings?
Q:Are contractors asked to attend employee issue meetings?
Q:Are contractors asked to attend employee issue meetings?
Q:Are contractors asked to attend employee issue meetings?
S04|C38|Q01 *
Q:Are you obliged to adhere to policies and procedures that also apply to the clients employees? (This could be a refered to handbook and doesnt include Health and Safety policies)
Q:Are Contractors obliged to adhere to policies and procedures that also apply to the clients employees? (This could be a refered to handbook and doesnt include Health and Safety policies)
Q:Are Contractors obliged to adhere to policies and procedures that also apply to the clients employees? (This could be a refered to handbook and doesnt include Health and Safety policies)
Q:Are Contractors obliged to adhere to policies and procedures that also apply to the clients employees? (This could be a refered to handbook and doesnt include Health and Safety policies)
S04|C39|Q01 *
Q:Have you ever quoted a fixed price for a project or part of a project?
Q:Have you ever used a fixed price model for any project?
Q:Have you ever used a fixed price model for any project?
Q:Have you ever used a fixed price model for any project?
S04|C40|Q01 *
Q:Are you expected to fix any errors in your work for no additional cost?
Q:Are contractors expected to fix any errors in their work at no additional cost?
Q:Are contractors expected to fix any errors in their work at no additional cost?
Q:Are contractors expected to fix any errors in their work at no additional cost?
S04|C41|Q01 *
Q:Have you ever experienced delays in payment of your invoices?
Q:Have payments for invoices from contractors ever been delayed?
S04|C42|Q01 *
Q:Have you ever been involved in legal action as a result of unpaid invoices?
Q:Has legal action ever been required to recover unpaid invoices from contractors?
S04|C43|Q01 *
Q:Do you currently have any unpaid invoices?
Q:Are there currently any invoices from contractors that remain unpaid?
S04|C44|Q01 *
Q:Are there any circumstances in which a client or agency can refuse to pay an invoice for your work?
Q:Can fees for contractors be withheld in certain circumstances?
S04|C45|Q01 *
Q:Do you need to provide indemnity in respect of damages arising from your negligence?
S04|C46|Q01 *
Q:Have you purchased any additional equipment or training specifically for this contract?
Q:Has the engagement required the contractor to purchase additional equipment or undertake specific training at their own expense?
S04|C47|Q01 *
Q:Has your contract rate been changed during the engagment?
Q:Has the contract rate been changed during the engagment?
S04|C48|Q01 *
Q:Do you have life insurance to cover you in the event of death?
S04|C49|Q01 *
Q:Do you have private health cover to reduce your personal risk to earnings from illness?
S04|C50|Q01 *
Q:Do you have any form of income protection insurance to cover long term illness?
S04|C51|Q01 *