IR35/Off-Payroll

MAD Ltd is more than happy to consider contracts for services or freelance work. For UK based clients, this often means the end client is required to determine the status of our staff for IR35/Off-Payroll purposes. In this section we provide some of the details of our working practices and how we do things on a day-to-day basis (the “implied contract”) to aid with such determinations. For more information you can contact us here: Contact MAD Ltd.

Autonomy and how we work

Our staff are experts in their field and expect a reasonable amount of autonomy in how to provide services. This is of course subject to complying with any reasonable operational requirements of the client and giving consideration to any work specification of the client.

If our staff make a mistake then MAD Ltd will correct this in our own time and at no cost to the end client. We carry public liability insurance, employers liability insurance and professional indemnity insurance. In the case of disputes over work produced, clients may want to withhold fee payments until the dispute is resolved – this is perfectly acceptable.

What we typically work on

Generally our staff are engaged to work on a specific project or task within a given client. This is usually as part of a larger project team and we may work with other clients concurrently. Often clients will also want our staff to work on different projects (for example once the work on a given project is delivered). If this is the case then this must be agreed with us and we retain the right to refuse any such work offered. We do not bill clients when there are no services to be offered. For the avoidance of doubt, we do not create (explicitly or implicitly) any mutuality of obligation between MAD Ltd and any client at any time.

We do not act as line managers or take on any responsibilities that would usually be performed by line managers such as training or coaching of permanent staff. We do not attend any functions, meetings or events designed for employees.

We do not offer services for the provision of office holder duties – this is something an employee would undertake and our staff are not employees of our clients (either explicitly, implicitly or for tax purposes).

To end an engagement early (e.g. when a project ends early), we typically allow for a maximum notice period of 4 weeks. Often this will be with a clause that a client can end a given contract for services “immediately, for any reason and without notice”.

When and where our staff work

We typically only undertake contracts for services where our staff can choose their own working hours and the location from which services are provided. When our staff want to take time off they let clients know in advance but will not ask clients for permission. For any periods of absence we do not charge clients (no services are provided during such time) and we always aim to ensure any project delivery dates are maintained.

Our staff typically provide their services from the MAD Ltd offices – dedicated workplaces for MAD employees and contractors. Sometimes it is necessary or useful to work from a client site (e.g. for security reasons or where close collaboration is needed). In such cases our staff will be a visitor to the client site only. However, the majority of our work is usually carried out remotely. Importantly, we leave it to our staff to use their judgement in deciding where they will carry out the provision of services.

Continuation of service provision

Actuarial Development is a very specialist area of work. In any contract for services we agree with a client an appropriate substitution clause will be present to ensure services can be provided by MAD Ltd in the event a disruption (long term sickness for example). We appreciate clients may want to vet substitutes (e.g. for security reasons and to ensure they have appropriate experience/skills). However, we would expect a suitable substitute – with similar experience and qualifications – would be accepted. We maintain close relationships with other actuarial developers though membership of AECMA ensuring suitable substitutes can be provided in practise if needed.

Training and Development

The skills and experience of our staff are what make us stand out at MAD Ltd. We cover all professional membership fees, costs for continuing professional development (CPD) and a range of other training and development costs. We do not rely on clients in any way to cover the cost of training, development or professional memberships.