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I have subsequently received an updated contract from the agency containing two new clauses relating to the false self employment legislation.
The first clause stipulates that the worker must be a director or shareholder of the company. The second requests that any documents relating to the limited company must be provided if requested and that the agency will have the right to access the premises on which the documentation is kept.
I am not happy with either of these clauses as the first appears to me to restrict my right to substitute and the second is asking me to give the agency the right to access my accountant's offices, which I surely cannot do?
I would appreciate any feedback on whether I can accept the first clause without prejudicing my IR35 position and whether I am legally entitled to accept the second.
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Stuart
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