The right of substitution is one of the strongest tests of self-employment as shown in the case of Echo and Express Publications v Tanton (1999).
Pogo Kid is a limited company acting as a genuine business and should therefore have the right to provide a Substitute or engage a helper to provide the contracted service.
At Pogo Kid, having the highest quality of service is one of our most important aims. We work to ensure that our Clients are satisfied with the output from the services we provide.
Pogo Kid will always be responsible for the work completed by the contractor, even after any substitution.
What you can expect
You can expect from our contracts that the primary service will be carried out by the contractor assigned to the project. We may use assistants for small tasks associated with the project, like scheduling or admin.
When might Substitution Occur
- The contractor is signed-off long-term sick
- The contractor has a bereavement in the family and has chosen to take extended leave
Pogo Kid’s Process for Substitution
- The Client will be notified that one of the contexts above has occurred and that a Substitute will be necessary to fulfil the services outlined in the contract.
- Pogo Kid will select an appropriate Substitute based on the Qualifications outlined below.
- Pogo Kid will ask the Client to sign a written agreement to acknowledge the change of contractor.
- Pogo Kid will cover one week of onboarding for the Substitute at no cost to the Client. This ensures the Client is not liable for gaining contextual knowledge or ramp-up costs.
- Services will continue to be provided via the new contractor
Qualifications for a Substitute
- They should have the same level of experience as the existing contractor
- They will have experience in the same tech stack as the existing contractor
- They will need to uphold the same values of quality that Pogo Kid expects from its services
- The Substitute will provide services outlined in the existing contract
- The Client may terminate the existing contract without any notice period
If you have any questions regarding this policy please contact us.