Consultancy services

Many businesses bring in consultants, typically on a temporary basis, for their expertise in particular areas (such as design or integration services) or to support a one-off project (such as an audit). These consultancy services are usually provided to the customer under a consultancy services contract. The consultancy services can be provided either by a consultancy company, who would then supply individual consultants to provide the services, or through contracting with an individual consultant directly.

As with most service agreements, the nature of the consultancy services to be provided must be clearly defined. Consultants are independent contractors and not employees of the customer; however, take care where they have been hired for ongoing projects, and where they are working exclusively or predominantly for one customer so as to ensure they are true consultancy arrangements. Otherwise, if a consultant is deemed to be employed by a customer, there will be employment and tax law consequences.

This subtopic contains a range of materials concerning consultancy services and the key considerations relating to this type of arrangement.

Status of employment contracts, consultancy contracts and other contracts to do work or perform services

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Commercial News

CMA publishes provisional findings on mobile browsers competition

The Competition and Markets Authority (CMA) has published its provisional decision in the market investigation into mobile browsers and cloud gaming. The CMA has provisionally identified competition concerns in the mobile browsers market. This development follows a series of working papers and updates throughout 2024, including the recommencement of the investigation in January after a Court of Appeal judgment. The CMA has set a deadline of 5pm on 13 December 2024 for interested parties to submit responses to the provisional findings.

Commercial weekly highlights—21 November 2024

This week's edition of Commercial weekly highlights includes: analysis of the statutory guidance on the failure to prevent fraud offence which was introduced under the Economic Crime and Corporate Transparency Act 2023, commentary on Advertising Standard Agency's strategy to proactively pursue ‘greenwashing’ claims which explains the risks posed to businesses and what they can do to minimise their exposure, and news that the Department for Business and Trade has launched a consultation on implementing the new subscription contracts regime to be introduced under the Digital Markets, Competition and Consumers Act 2024.

ASA rulings—20 November 2024

The Advertising Standards Authority (ASA) has upheld a ruling on two paid-for Google ads for The Pure Gold Company, a gold and silver retail dealer. The ads were identified through the ASA's proactive monitoring as part of its wider work on unregulated investments. The ASA found the ads were misleading as they failed to illustrate the risks of gold investments. The ASA upheld the complaint.

Failure to prevent fraud—Statutory guidance

Corporate Crime analysis: Following a wait of nearly 12 months since the failure to prevent fraud (FTPF) offence was enacted, the government has now issued the statutory guidance on the procedures which companies are expected to implement for the purpose of preventing the relevant underlying fraudulent conduct by persons associated with them and, where such conduct occurs, providing a potential defence to the offence . Written by John Binns and Alexander Gorst at BCL Solicitors LLP.