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Chapter ESM8475

Document Cited in Related
Vincent
Published date07 March 2016
Record NumberESM8475
CourtHM Revenue & Customs

Before you can give an opinion on a contract, you may need to see a third party contract. This is most likely to be the case where the contract has been obtained through an agency. In such cases, as well as there being a contract between the service company and the agency there will be a contract between the agency and the client.

You may need to see the contract between the client and the agency where the service company contract does not appear to be comprehensive, is couched only in very general terms or you are concerned about some of the clauses in it. In the latter case this may be because you want to confirm the position regarding a right of substitution.

In such cases you should ask the worker to provide you with a copy of the contract between the third parties before giving an opinion. The service company will not be a party to the third party contract and may not have a copy of that contract, or access to a copy. If so then you should ask for the worker to arrange for a copy of the contract to be sent to you. Alternatively, you may ask for authority to approach the client or agency in order to obtain a copy of the contract.

Where the worker refuses to co-operate by arranging for a copy of the third party contract to be provided you should inform him or her that you will not be able to provide an opinion on the engagement.

The third party contracts are what govern the relationship between the client and the agency. They are...

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