At Will Independent Contractor Agreement for the United Kingdom

At Will Independent Contractor Agreement Template for England and Wales

This agreement governs the relationship between a company and an independent contractor in England and Wales, establishing the terms for provision of services while maintaining clear distinction from employment relationships. It addresses key aspects including service delivery, payment terms, intellectual property rights, and termination provisions, while ensuring compliance with UK contractor legislation including IR35 considerations.

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What is a At Will Independent Contractor Agreement?

The At Will Independent Contractor Agreement is designed for use in England and Wales when businesses need to engage independent contractors while maintaining clear separation from employment relationships. This document outlines the contractor's services, payment terms, and responsibilities while incorporating necessary provisions to comply with UK legislation, particularly IR35 requirements. It's specifically structured to protect both parties' interests while maintaining the contractor's self-employed status, though it's important to note that the 'at will' concept, while included, operates differently under English law than in US jurisdictions.

What sections should be included in a At Will Independent Contractor Agreement?

1. Parties: Identifies the contracting parties and their details

2. Background: Context of the agreement and relationship

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of services to be provided

5. Payment Terms: Fees, invoicing, and payment arrangements

6. Independent Contractor Status: Confirmation of self-employed status and relationship

7. Term and Termination: Duration and termination provisions

8. Intellectual Property: Ownership and rights to work product

9. Confidentiality: Protection of confidential information

10. Liability and Indemnification: Risk allocation between parties

What sections are optional to include in a At Will Independent Contractor Agreement?

1. Non-Compete: Restrictions on competitive activities (use when protecting business interests is crucial)

2. Insurance Requirements: Specific insurance coverage requirements (use when contractor needs specific insurance)

3. Equipment and Resources: Provision of tools and resources (use when specific equipment arrangements needed)

4. Data Protection: Specific data handling requirements (use when personal data processing involved)

What schedules should be included in a At Will Independent Contractor Agreement?

1. Schedule of Services: Detailed scope of services and deliverables

2. Fee Schedule: Detailed breakdown of fees and charges

3. Service Levels: Performance metrics and standards

4. Required Insurance Coverage: Specific insurance requirements and limits

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use
Clauses
Industries

Employment Rights Act 1996: Primary legislation that helps define the boundaries between employment and independent contracting relationships. Though contractors aren't employees, this Act is crucial for understanding and establishing clear differentiation.

IR35 Legislation: Off-Payroll Working Rules that are critical for determining genuine self-employed status and establishing tax implications and responsibilities for both parties.

Equality Act 2010: Legislation providing protection against discrimination which applies to contractors as well as employees. Must be considered in contract terms and operational relationship.

Health and Safety at Work Act 1974: Establishes relevant safety obligations and contractor's responsibilities in the workplace, including requirements for both the client and contractor.

Data Protection Act 2018 and UK GDPR: Legislation governing data handling requirements and privacy considerations that must be addressed in the contractor relationship.

Contract Law Principles: Common law principles including offer and acceptance, consideration, and intention to create legal relations that form the foundation of any valid contract.

Employment Status Tests: Common law tests examining control, mutuality of obligation, and personal service to determine genuine self-employed status versus disguised employment.

At Will Employment Limitation: Important consideration that 'At Will' employment concept is not recognized in English law, requiring appropriate termination provisions that comply with English law principles instead.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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