Can you send another person to fulfil your contract?
Oct 26, 2017
As a contractor, you may have the opportunity to undertake more work than you personally have time to do, or you may wish to arrange holiday cover so your duties are fulfilled while you’re away. Either way, it’s important that you understand the rules which may affect whether you can arrange for someone else fulfil your contract on your behalf.
Umbrella company contractors
If you’re an employee of an umbrella company then you cannot send a replacement employee to cover your absences. This is because the employment contract is between you and the umbrella company.
As an umbrella company employee, you will be entitled to holiday pay which should help you to prepare in advance. You will also be covered for sick pay, maternity/paternity pay and you’ll be entitled to a host of other employee benefits. Many find that this mitigates, to some extent, the lack of flexibility you have in asking other people to fulfil your contract duties.
Limited company contractors
If you fulfil contracts through your own limited company, then you can send someone else to complete your assignments. This is because the contract is between your client and your company, and not you personally.
Of course, you may have some clients who will state that they prefer for you personally to undertake the work assignments. In this case, it would be up to you to negotiate terms which are agreeable to everyone involved.
If you wish to ask someone else to fulfil your contract, you will, of course, be able to take on more contracts or longer assignments. The challenge, of course, lies in finding people who have the skills and experience you need, and who are reliable and professional.
Many of our clients who regularly need an extra pair of hands to fulfil all their contracts have opted to take on an apprentice. An apprentice must be 16 years or older and working 30 paid hours a week or more, plus the opportunity to learn their trade. Find out how to take on an apprentice.
What to do next
If you have any queries about any aspect of contracting, please get in touch with our team of specialist contractor accountants who will be pleased to advise and guide you.