Consultancy agreement for work outside the UK

A consultant working in another country is governed by that country's employment, tax and social security rules whatever the agreement says about English law, and a UK business sending one abroad or engaging one there has to deal with the local law alongside its own. The agreement has to choose English law where it helps, acknowledge the local rules that apply anyway, allocate tax and withholding, move data lawfully, insure the consultant where they are going, and pay in a currency both sides can live with. I draft that agreement, for the business or for the consultant, for a fixed fee of £595, delivered in five working days, on the law of England and Wales, with local advice flagged where it is needed.

Who this is for

UK businesses in England and Wales sending a consultant to work in another country or engaging a consultant based abroad, and UK consultants taking engagements overseas who want an agreement that deals with the border.

What matters in a consultancy agreement for work abroad

Governing law and the local rules that apply regardless

The agreement should be governed by English law with disputes in the English courts or in arbitration under the Arbitration Act 1996 where enforcement abroad is a concern, and should say that the consultant performs the services in the stated country; but the employment, tax, social security, immigration and safety rules of that country apply to work done there whatever the agreement provides, and the agreement should acknowledge them, allocate responsibility for compliance with them, and require local advice where the engagement is long or the country's rules are strict.

Employment status under the local law

Many countries treat a consultant who works there for a period, under a client's direction, as an employee of the client or as a worker with local rights regardless of a self-employed label, and some require a local entity or an employer of record; the agreement should reflect a self-employed engagement in substance (the consultant's own business, control, substitution, other clients) as English law assesses it, record that the UK off-payroll rules in Chapter 10 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 apply where the client is a UK medium or large business and the consultant works through a company, and say that the local position is a matter for local advice the parties will take; HMRC's tool assesses the UK position only.

Tax, social security and withholding across borders

The consultant may become tax resident or create a taxable presence for the client in the host country, the host country may require withholding on the consultant's fees, and UK national insurance and the host country's social security may both claim the consultant unless a certificate of coverage or a social security agreement applies; the agreement should say that each party is responsible for its own taxes, how withholding is treated (grossed up or borne), that the consultant is responsible for their own residence and social security position, and that neither party gives tax advice to the other, with the accountants on both sides engaged before the consultant travels.

Data transfers and confidentiality

Where the consultant accesses the client's personal data from outside the UK, the transfer needs a mechanism under Article 46 of the UK GDPR unless the destination has adequacy regulations, and the agreement should contain the processor terms Article 28 requires with security under Article 32, limit access to what the work needs, address the host country's own data protection law, and impose confidentiality that the consultant can honour where local law may compel disclosure; the better structure keeps data in the client's systems with the consultant working through controlled access.

Insurance, travel and safety

The agreement should say who arranges and pays for travel and accommodation, that the consultant's professional indemnity and public liability insurance cover work in the host country (many policies have territorial limits), that the consultant has travel, medical and repatriation cover, who is responsible for visas and work permits (the consultant, with the client's cooperation, and with the client taking advice on whether business visitor status suffices), and what happens if the host country becomes unsafe or travel is restricted, with the engagement suspended or ended and fees to that date paid.

Payment, currency, notice and liability

The agreement should state the fee, the currency and who bears exchange movements and bank charges, the interest the Late Payment of Commercial Debts (Interest) Act 1998 adds to invoices paid late, expenses in the host country, notice on both sides with the cost of early return addressed, intellectual property assigned to the client under section 90 of the Copyright, Designs and Patents Act 1988 with a local-law confirmation where the host country requires formalities, export controls under the Export Control Order 2008 where technical data is taken abroad, compliance with the Bribery Act 2010 in the host country, and a liability cap tested under section 11 of the Unfair Contract Terms Act 1977.

What it costs

Consultancy or contractor agreement, £595. Drafted for your business. Five working days.

Template set for repeat use, £895. One master agreement plus a short-form schedule you can reuse for every engagement. Five working days.

Buying online forms the engagement on payment. The scope is what the consultancy and contractor agreements page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A clear, express assignment of intellectual property to your business
• Confidentiality provisions that protect your business information
• Restrictive covenants drafted at a scope a court will uphold
• Clear treatment of status, so the arrangement is not accidentally something else
• Payment, deliverables and termination provisions that match how you work
• A reusable structure, so the next engagement costs you nothing

What is not included

• Employment status determinations and off-payroll working assessments, which need your accountant
• Tax advice
• Disputes with a contractor you have already engaged
• Immigration and right to work compliance

Questions I am often asked

If the agreement says English law, does the host country's employment law still apply?

It does, to work done there. Choice of law governs the contract between the parties; the host country's mandatory rules on status, tax and safety apply regardless. The agreement is drafted to work with them and flags where local advice is needed.

Who pays if the host country withholds tax from the consultant's fees?

What the agreement says: usually the consultant bears it and claims relief under a treaty, or the fee is grossed up. The agreement states the position; the accountants confirm the treaty position before the engagement starts.

Does the consultant's UK insurance cover them abroad?

Not necessarily. Many policies have territorial limits and exclude certain countries. The agreement requires the consultant to confirm cover for the host country and to hold travel and medical insurance.

Related guidance and services

• Consultancy and contractor agreements, £595, the service this page describes
• Contract review, £495
• Employment contracts and handbooks, £595
• Terms for an offshore development partnership
• SaaS terms for selling to customers outside the UK

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: October 2026. Email geoffrey@caesar.co.uk.