If you're caught by IR35

[northernladuk]

Fair enough. I am thinking of the ones where a contractor is in place for so long he cries foul when they walk him as per the clients contractual rights. Contractor benefits from the LTD model but then wants permie rights. Cake and eat it situation.

[TestMangler]

Fair enough. I am thinking of the ones where a contractor is in place for so long he cries foul when they walk him as per the clients contractual rights. Contractor benefits from the LTD model but then wants permie rights. Cake and eat it situation.

Absoulutely agree mate F**k any c**t that does that. Gives us professional business people a bad f***ing name.

[northernladuk]

Absoulutely agree mate F**k any c**t that does that. Gives us professional business people a bad f***ing name.

This is the one I was thinking off..

Won his case for unfair dismissal as he proved he was part and parcel and a disguised employee but then lost it on appeal...

Contractor loses unfair dismissal claim at Court of Appeal | Contract Eye

Did HMRC come and have a chat with him afterwards?

There is some complexity about his engagement though but still... poor show.

[Batcher]

Although its been stated the answer is no, I wouldnt let that stop me investigating and following up such an 'employee' claim, especially against the client if their HR department has been complicit in getting banged to rights IR35 caught.

I dont think you've much chance against the agent but the client, if they supported HMRC's view that you did 'this like their employees' or did 'that like their employees' and were under the 'control of their manager's' etc etc, Id really go for them.

Contractors have in the past successfully sued companies for employee rights (not that I agree with that) so there is form for this.

My plan at the time was to certainly chase the client for the benefits as they had helped HMRC in my IR35 case, especially since HMRC had seemed to give them immunity from any comeback.