Generally, we think that if you want to help stay outside of IR35 you need to avoid contracts with numerous references to the AWR.  AWR legislation applies to workers who are supplied to work under the direction and control of the end client and gives them certain employment rights after a period of time.  Being under the control of a client is one of the symptoms of of “employed” status and so it is to be avoided by the prospective outside of IR35 contractor.

That said, we have seen examples of agency contracts that have AWR regulations wording plastered all over them because the agency is focused on their exposure not that of the prospective contractor.  We work with agencies who seek to improve their outside of IR35 contracts, thereby opening up more candidates who can do business with them.

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