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Contract Knowledge Centre · People
An agreement engaging an independent consultant or contractor, rather than employing them.
The label on the document does not settle the relationship. If the arrangement functions as employment, it may be treated as employment regardless of what the agreement says.
What each clause is for, and what to look at in the wording you have been given.
Status and independence
Records that the consultant is not an employee.
What to check: That the working arrangements actually match - control, substitution, tools and commercial risk.
Deliverables and timeline
Defines the work.
What to check: That it is project-shaped rather than an open-ended engagement to be available.
Intellectual property assignment
Transfers ownership of what is created.
What to check: That assignment is express. Absent it, the creator may retain rights in work you paid for.
Fees and expenses
Sets what is payable and when.
What to check: Whether any deductions are required at source on payments to the consultant.
Confidentiality and data
Protects information the consultant will see.
What to check: Whether the consultant will handle personal data, and on what terms.
Any one of these can have an innocent explanation. Ask for it before you sign.
When to speak to a lawyer