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IR35 Agreement

UX Designer IR35 Contract Template UK

Operating as a UX Designer through a Personal Service Company exposes you to significant IR35 risk if your contracts fail to reflect genuine self-employment. Without a properly drafted contract, HMRC can reclassify your engagement under Chapter 10 of the Income Tax (Earnings and Pensions) Act 2003, triggering backdated tax liabilities and National Insurance contributions that can devastate your finances. A robust IR35 contract for UX Designers must demonstrate substitution rights, control limitations, and mutual obligation absence — the three pillars HMRC scrutinises most closely. It should also protect your payment terms under the Late Payment of Commercial Debts Act 1998 and clearly define project deliverables rather than time-based attendance. Whether you work with agencies or end clients directly, your contract is your first line of defence. Generate a compliant UX Designer IR35 contract now.

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Key clauses in a IR35 Agreement

1

Right of Substitution

This clause establishes that the UX Designer's PSC has the genuine right to send a qualified substitute to fulfil the engagement, which is a critical indicator of self-employment under IR35 case law, including the landmark Autoclenz v Belcher [2011] ruling. Without an enforceable substitution right, HMRC is likely to treat the engagement as one of personal service, pointing firmly toward deemed employment under Chapter 10 ITEPA 2003.

2

Absence of Mutuality of Obligation

This clause explicitly states that the client is under no obligation to offer work and the contractor is under no obligation to accept it, directly addressing one of the three key employment status tests established in Ready Mixed Concrete v Minister of Pensions [1968]. Clearly negating mutuality of obligation helps demonstrate that no ongoing employment relationship exists, strengthening the contractor's outside-IR35 position when assessed by HMRC.

3

Control and Working Practices

This clause defines how the UX Designer retains autonomy over how, when, and where the agreed deliverables are produced, rather than being subject to the client's direction in the manner an employee would be. HMRC's CEST tool and case law consistently treat a high degree of client control as a primary indicator of deemed employment, so contractually evidencing independence over methodology and working hours is essential for IR35 compliance.

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Frequently asked questions

Does a well-drafted IR35 contract guarantee I am outside IR35 as a UX Designer?

No — HMRC assesses the reality of the working arrangement alongside the written contract, as confirmed in Autoclenz v Belcher [2011], meaning a contract alone is not sufficient if day-to-day practices contradict it. Your actual working practices must also reflect self-employment, including genuine substitution, limited control, and no mutuality of obligation. A strong contract is essential evidence but must be supported by how the engagement operates in practice.

Who is responsible for determining my IR35 status as a UX Designer contractor?

Since April 2021, responsibility for IR35 status determinations sits with the end client under the off-payroll working rules in Chapter 10 ITEPA 2003, unless your client qualifies as a small company under the Companies Act 2006. Small private sector clients are exempt, meaning your PSC retains responsibility for its own determination. Regardless of who makes the determination, having a contract that accurately reflects the engagement terms is critical for defending any HMRC challenge.

Should my IR35 contract specify UX deliverables rather than hours worked?

Yes — framing the contract around defined deliverables, such as wireframes, user research reports, or prototypes, rather than hours of attendance reinforces that you are engaged as a business providing a service rather than as a disguised employee. HMRC's Employment Status Manual highlights that payment by output rather than time is a strong indicator of genuine self-employment. Deliverable-based contracts also align with how independent UX professionals typically structure client relationships commercially.

The information on this page is for general informational purposes only and does not constitute legal advice. Contracto generates AI-assisted contract templates — they are not a substitute for advice from a qualified solicitor. For high-value or complex engagements, always seek independent legal review.