Consultancy vs commercial agreement

[Amelia1909]

Hi all
looking for the voice of experience amongst the self employed if possible!
We are looking at using a consultant in the business for up to 3 years. He has his own company. We are not using the whole company just him.
We have sent him a consultancy agreement with a rolling one month deal to avoid him being 'employed' and HMRC getting their knickers in a twist. We have included intellectual property clauses, termination clauses etc and he has spat his dummy out saying its all wrong and we should have a commercial agreement simply stating what we'll pay him, that we agree to pay him and that anything else makes him an employee..????!
Any thoughts / experience in this area..
We're actually trying to protect our business and offer him some protection too...
thanks in advance