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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 6509
Experience:  English solicitor with over 12 years experience
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We are a not for profit organisation developing community

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Hello.
JA: Hi. How can I help?
Customer: We are a not for profit organisation developing community owned renewable energy project that is looking to secure project development services. We were going to recruit a paid employee But have now an opportunity to contract with separate consultancy that is prepared to offer us reduced rates to do the job. We would like to utilise them but the staff that actually do the work we would like to present externally as working for us Can we do this?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No just started researching this and thought you might be able to advise?
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am the MD of the community business that is looking to contract the services from the third party consultancy
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Don't think so thank you

Hello,

 

No, that would be misleading and could potentially open you up to legal claims.

 

It would advise you not to do it.

 

May I help further?

UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 12 days ago.
OK, what would the legal claim be for?
Customer: replied 12 days ago.
The plan is that we take a 26% shareholding in the business. Would this make a difference to us being able to present staff working on our projects as part of our group?
Customer: replied 12 days ago.
Hello are you still online? Thanks
Customer: replied 12 days ago.
Thank you for your advice. Can you confirm via this email that in the situation I described that you can see no problems with the principle of this third party consultancy becoming our technical or development director and appearing on our website and on our business cards as such. But that when we refer to the work of the third party consultancy that we should refer to them working, in association with, or, on behalf of. An that there are no problems as far as you can see in having a long term relationship with said consultancy.
Customer: replied 12 days ago.
Also one further point, I assume that we would need to have a consultancy agreement between the two organisations describing the relationship. Is there anything that we should be mindful of when drawing up this agreement?

Hello,

 

I was offline, am back online now.

I confirm that the third party may be described as working in association with or under contract with you. The length of this association or contract is a matter of negotiation and agreement between you and them.

 

Yes, it is advisable to have a formal written consultancy agreement, the important things to cover are the scope of services, duration, liability, indemnity, and them not holding out to be your agents and them not entering into legal obligations on your behalf. You should get a solicitor or a law firm to finalise such an agreement, if possible.

 

All the best

Customer: replied 12 days ago.
ok thanks can you confirm the comments about the technical director role if he was on the board as well?

Yes, that is fine.

Customer: replied 12 days ago.
OK thanks