Client won't renew fearing employment rights after 2 years

[DCL]

Thanks All,

I think I'll try proposing the via agency route. *fingerscrossed*

[northernladuk]

You have all the moronic contractors that moan about having 'rights' as a contractor and suddenly decide they want their cake and eat it after being with a client a long time. Instead of seeing it as a bloody good deal having a long term contract they suddenly decide they are part and parcel and want the benefits that come with being a permie. Bloody tossers.

I bet they don't contact HMRC advising they are infact inside IR35 and back pay all their taxes!

[LisaContractorUmbrella]

You have all the moronic contractors that moan about having 'rights' as a contractor and suddenly decide they want their cake and eat it after being with a client a long time. Instead of seeing it as a bloody good deal having a long term contract they suddenly decide they are part and parcel and want the benefits that come with being a permie. Bloody tossers.

I bet they don't contact HMRC advising they are infact inside IR35 and back pay all their taxes!

Shhhhhh calm down dear

[Andy Hallett]

You have all the moronic contractors that moan about having 'rights' as a contractor and suddenly decide they want their cake and eat it after being with a client a long time. Instead of seeing it as a bloody good deal having a long term contract they suddenly decide they are part and parcel and want the benefits that come with being a permie. Bloody tossers.

I bet they don't contact HMRC advising they are infact inside IR35 and back pay all their taxes!

Or claim to be independent, risk taking and under their own control - then fail to opt out?

[LisaContractorUmbrella]

Or claim to be independent, risk taking and under their own control - then fail to opt out?

This should be interesting

[7specialgems]

Hello All,

I have been contracting (via 3 or 6 month contracts) for my client for nearly 2 years. Although I'm told my skills are still needed (and it's a very pivotal point for the project I'm providing services for) their HR department is worried that I will somehow be able to claim employment rights such as redundancy pay. They also think they may be liable for taxes to the HMRC.

They said the only way it could work is if I worked elsewhere and then came back after 3 months, but this does not suit the client or myself.
They have taken legal advice on this, but I'm struggling to understand on what grounds they have come to this conclusion. I have a feeling they're confusing IR35, The Agency Workers Regulations, and the contractor 2 year rule.

Does anyone have any idea of how they may have reached this conclusion and under what regulations?

Some details that might help:
I don't work via an agency.
My contract does not name me and is company to company (I only sign as a director).
My contract states the deliverables of my services.
My contract states makes a point to note my company is outside IR35.
My contract states an expiry date to my services.

Thanks in advance,
Karen.

With respect Karen, it sounds like you yourself now see yourself as an employee of this organisation, irrespective of your client's mangling of their understanding of various items of legislation.

Irrespective of the arguably favourable points you claim to have in your direct contract (although I would be quite interested in how exactly your contract "states the deliverables of my services" if the their project is at a "pivotal" point and you have not "delivered"), were you to be one of the unlucky numbers in the pot that got picked out for an investigation, I'd fear for you.

I am interested in why you are arguing against their position in the hope that you can understanding it and change it, rather than reviewing your skills and the market for your next gig.

[vwdan]

Or claim to be independent, risk taking and under their own control - then fail to opt out?

Could you outline to my board of directors what business benefit there would be to not opting out?

[TheFaQQer]

Could you outline to my board of directors what business benefit there would be to not opting out?

You get paid for doing the work whether the agency gets paid or not.

You get an easier right of return to the client without needing to use the same agency or pay any release fee.

Those are the two major benefits of not opting out.

[vwdan]

You get paid for doing the work whether the agency gets paid or not.

You get an easier right of return to the client without needing to use the same agency or pay any release fee.

Those are the two major benefits of not opting out.

Bollocks, sorry - I meant benefits of opting out as hinted at by the other poster.

[TheFaQQer]

Bollocks, sorry - I meant benefits of opting out as hinted at by the other poster.

I'll save the agent the time - there aren't any for you, but plenty for them.