+ Reply to Thread
Page 1 of 2 1 2 LastLast
Posts 1 to 10 of 20
  1. #1

    Nervous Newbie


    Join Date
    Apr 2016
    Posts
    1
    Thanks (Given)
    0
    Thanks (Received)
    0
    Likes (Given)
    0
    Likes (Received)
    0

    Default Will LinkedIn recommendation affect my IR35 status?

    I am an independent contractor working through a limited company and have recently completed a contract for a client.
    One of the client's employees has kindly written a recommendation for me on LinkedIn. The recommendation is very complimentary but it refers to me as a "respected colleague" which concerns me. Could this affect my status as an independent contractor working outside of IR35?

  2. #2

    Super poster

    Mordac's Avatar
    Join Date
    Jul 2005
    Location
    Civilisation-ish
    Posts
    4,401
    Thanks (Given)
    38
    Thanks (Received)
    113
    Likes (Given)
    316
    Likes (Received)
    635

    Default

    Quote Originally Posted by bob2 View Post
    I am an independent contractor working through a limited company and have recently completed a contract for a client.
    One of the client's employees has kindly written a recommendation for me on LinkedIn. The recommendation is very complimentary but it refers to me as a "respected colleague" which concerns me. Could this affect my status as an independent contractor working outside of IR35?
    Doubt it. "colleague" is not the same as "employee". If in doubt, and if and when Hector comes calling, just don't mention your LinkedIn profile. Simples.
    His heart is in the right place - shame we can't say the same about his brain...

  3. #3

    Banned


    Join Date
    Jul 2008
    Location
    Atlantis
    Posts
    8,066
    Thanks (Given)
    184
    Thanks (Received)
    117
    Likes (Given)
    222
    Likes (Received)
    531

    Default

    While it's important that you pay attention to IR35 in working practices and contract terms, please try to avoid extreme paranoia on the subject.

    I suppose it is vaguely possible that in a highly contested IR35 case that HMRC might argue LinkedIn recommendations are an indication of being part of the organisation, but personally I think that's clutching at straws in the extreme.
    It would be just as easy to argue that the LinkedIn platform is just too limited to differentiate so get any argument rejected.

  4. #4

    Super poster


    Join Date
    Feb 2008
    Posts
    4,300
    Thanks (Given)
    4
    Thanks (Received)
    53
    Likes (Given)
    13
    Likes (Received)
    153

    Default

    No. Don't be quite so paranoid is my advice!

  5. #5

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    30,949
    Thanks (Given)
    119
    Thanks (Received)
    996
    Likes (Given)
    1514
    Likes (Received)
    5033

    Default

    You don't really understand IR35 do you? You are just playing tickboxes aren't you?
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  6. #6

    Still gathering requirements...


    Join Date
    Jun 2006
    Location
    Aberdeen
    Posts
    75
    Thanks (Given)
    0
    Thanks (Received)
    5
    Likes (Given)
    0
    Likes (Received)
    11

    Default Not in this case!

    A former colleague of mine joined a consultancy as a contractor, his expertise was a niche' area which the consultancy wanted to expand into. The company put out a press release welcoming him and their aim to expand further into this area. The contractor was given business card and the title of xxx manager. The contractor also put this on his Linked-in page. Made him look part and parcel of the organisation.

    Couple years later, he was investigated for IR35, HMRC had copies of his liked-in page, consultancy press release, even his business card. Luckily his working practices were good and consultancy onside. Had IPSE+ membership, even than the investigation took more than 3 years to close.

    Surprisingly HMRC were fixated on what they found on social media rather than working practices. So be careful what you put on lined-in etc.
    Last edited by eazy; 25th April 2016 at 12:26. Reason: typo

  7. #7

    Super poster


    Join Date
    Feb 2008
    Posts
    4,300
    Thanks (Given)
    4
    Thanks (Received)
    53
    Likes (Given)
    13
    Likes (Received)
    153

    Default

    Sounds like a classic case of Hector clutching at straws to me. If you have one of the three IR35 case law proven get outs, then Hector is stuffed.

  8. #8

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    30,949
    Thanks (Given)
    119
    Thanks (Received)
    996
    Likes (Given)
    1514
    Likes (Received)
    5033

    Default

    Quote Originally Posted by Fred Bloggs View Post
    Sounds like a classic case of Hector clutching at straws to me. If you have one of the three IR35 case law proven get outs, then Hector is stuffed.
    Dunno about that... If it's 'Made him look part and parcel of the organisation.' then it's well worth a sniff surely. They've got to investigate someone so this would be a bloody good place to start IMO.

    They partial win they had was on part and parcel situation so they've history here, granted they've an even longer history of losing but still..... It also lasted 3 years so it can't have been a cut and dried case. Classic case of Hector clutching straws? I'd say not. I'd have been very interested in the detail of this to see exactly what arguments were the key ones. Remember in one case the judge threw RoS out as a sham so could have been down to two outs, and you know my opinion on only having that as a defence.
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  9. #9

    Contractor Among Contractors

    Unix's Avatar
    Join Date
    Jan 2014
    Location
    UK
    Posts
    1,888
    Thanks (Given)
    16
    Thanks (Received)
    61
    Likes (Given)
    39
    Likes (Received)
    364

    Default

    Quote Originally Posted by bob2 View Post
    I am an independent contractor working through a limited company and have recently completed a contract for a client.
    One of the client's employees has kindly written a recommendation for me on LinkedIn. The recommendation is very complimentary but it refers to me as a "respected colleague" which concerns me. Could this affect my status as an independent contractor working outside of IR35?
    IR35 is dead, forget about it.

  10. #10

    Godlike


    Join Date
    Sep 2014
    Location
    Non-Event Horizon
    Posts
    8,593
    Thanks (Given)
    313
    Thanks (Received)
    571
    Likes (Given)
    2164
    Likes (Received)
    2549

    Default

    Quote Originally Posted by eazy View Post
    A former colleague of mine joined a consultancy as a contractor, his expertise was a niche' area which the consultancy wanted to expand into. The company put out a press release welcoming him and their aim to expand further into this area. The contractor was given business card and the title of xxx manager. The contractor also put this on his Linked-in page. Made him look part and parcel of the organisation.

    Couple years later, he was investigated for IR35, HMRC had copies of his liked-in page, consultancy press release, even his business card. Luckily his working practices were good and consultancy onside. Had IPSE+ membership, even than the investigation took more than 3 years to close.

    Surprisingly HMRC were fixated on what they found on social media rather than working practices. So be careful what you put on lined-in etc.
    If you've got business cards saying that you're part and parcel and press releases not being clear (there not going to say that you're a temporary asset, are they?) then you're going to be considered "low hanging fruit".

    The key test for me in that situation - would clients of the consultancy know him as a third party contractor/expert or as "manager at consulting co"?
    The greatest trick the devil ever pulled was convincing the world that he didn't exist

+ Reply to Thread
Page 1 of 2 1 2 LastLast

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts

Content Relevant URLs by vBSEO 3.6.0 ©2011, Crawlability, Inc.