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    Default Freelance work on the side

    Hi I've got a question about doing some freelance work in addition to being on a permanent position. It's for a friend of mine.

    This is the situation:

    A friend of mine is a permie for company A but is about to leave (notice handed in) to join company B for another permie role. Company A and B are not competitors and do not even operate in the same industry.

    Company A outsources work to an agency. Is it possible/legal for my friend to engage with the agency and do work for company A on a freelance basis? Nothing is mentioned in the employment contract.

    I really hop you can help this friend of mine

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    Contractor Among Contractors

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    Classic Friday to Monday contractor scenario by the sounds of it
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    Faqqed Off

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    Quote Originally Posted by MattZani View Post
    Is it possible/legal for my friend to engage with the agency and do work for company A on a freelance basis?
    Yes it's possible. Yes it's legal.

    Make sure your friend assesses their IR35 situation properly to ensure that they are paying the correct level of tax (at first glance it would appear to be inside IR35 but it might not be).

    If they need advice on getting started, then I would recommend downloading the Be Your Own Boss definitive guide from the IPSE website.
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    Should post faster


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    Quote Originally Posted by TheFaQQer View Post
    Yes it's possible. Yes it's legal.

    Make sure your friend assesses their IR35 situation properly to ensure that they are paying the correct level of tax (at first glance it would appear to be inside IR35 but it might not be).

    If they need advice on getting started, then I would recommend downloading the Be Your Own Boss definitive guide from the IPSE website.

    Thanks

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    Contractor Among Contractors


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    If it's only going to be part-time, and may not last too long, AND there are no significant liability concerns (either because of the type of work or the relationship), it may not even be worth incorporating. It might be easiest to just do it as self-employed, which would leave IR35 out of the picture.

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    Quote Originally Posted by WordIsBond View Post
    If it's only going to be part-time, and may not last too long, AND there are no significant liability concerns (either because of the type of work or the relationship), it may not even be worth incorporating. It might be easiest to just do it as self-employed, which would leave IR35 out of the picture.
    I'd agree but if its through an agency there's a high chance they won't contract with somebody who is self-employed. May have to go through the umbrella route.

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    TPAFKAk2p2

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    Quote Originally Posted by MattZani View Post
    Nothing is mentioned in the employment contract.
    Which one? Your friend will need to check the new contract.

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    Old Greg is my bitch's bitch

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    Quote Originally Posted by ladymuck View Post
    Classic Friday to Monday contractor scenario by the sounds of it
    I disagree. The freelancer may be picking up discrete deliverable based work in which case there is no reason IR35 applies. AFAIK Friday to Monday is not in itself a determinant of employment status. It may however be a flag to HMRC.

    If the freelancer is instead picking up some BAU work - perhaps covering holidays - then that probably changes things.
    Where there's muck there's brass.

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    Quote Originally Posted by northernladyuk View Post
    I disagree. The freelancer may be picking up discrete deliverable based work in which case there is no reason IR35 applies. AFAIK Friday to Monday is not in itself a determinant of employment status. It may however be a flag to HMRC.

    If the freelancer is instead picking up some BAU work - perhaps covering holidays - then that probably changes things.
    It struck me yesterday that D&C can easily be circumvented by a simple agreement of the form:

    1. I give you the work.
    2. You decide how you're going to do it.

    And voila ! Outside IR35.

  10. #10

    I live on CUK

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    Quote Originally Posted by radish2008 View Post
    It struck me yesterday that D&C can easily be circumvented by a simple agreement of the form:

    1. I give you the work.
    2. You decide how you're going to do it.

    And voila ! Outside IR35.
    Not quite.

    There is a grey area if the client employes permies who are also skilled professionals who do the same role as you as they will also do the work the way they want as frequently managers wouldn't have the knowledge to do D&C in the work they do.

    Therefore to distinguish you from them, you need a schedule of work.
    "You’re just a bad memory who doesn’t know when to go away" JR

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