Consultant or freelance arrangements have attracted high profile press coverage when they have not worked correctly and the consultant or freelancer has, perhaps unexpectedly, been found to be an employee. The consequences of that are significant and costly, particularly in relation to tax and National Insurance contributions.
Consultant arrangements can range from fairly straight forward with complex remuneration systems and detailed provisions regarding how their research our output can be used outside of that arrangement. The agreements need to provide a fair balance between the needs and requirements of each party and in doing so need to provide for the independence of the consultant and ensure they do not step outside the IR35 Regime.
Every employee has the right to be treated equally and fairly in the workplace and employers have entitled to expect a certain level of behaviour and endeavour from their employees. Our lawyers assist both employers and employees in striking this balance and regulating the relationship between them.
Our lawyers also have extensive experience in negotiating contract (and exits) for C-level officers and employees and directors, including bespoke arrangement in relation to bonuses, share incentives and additional benefits in kind. They know this takes a considered approach to negotiate the best deal possible.
We fight hard for our clients for the best outcome but are also mindful of the occasions when after the negotiations are over there needs to be a strong base for the ongoing relationship of employer and employee or consultant.
For information in relation to employment disputes, please see our specialist employment disputes team.