Disguised employee, IR35 & fellow contractors

[javadude]

I've played things like you and not had a problem getting renewals and repeat business. I think it's helpful for the client to understand the difference between an employee and a contractor and a gentle explanation is sometimes useful. I do make an attempt to keep the client happy and go the extra mile on what I've been contracted to do but there are limits beyond this. No one else is going to look after your IR35 risk so you have to.

As HMRC look at IR35 on a contract by contract basis I don't think your colleagues behaviour is going to hurt your position. If anything it could help as the client will remember how different you behaved.

[JRCT]

Do you do project work?

Yes.

[LondonManc]

Yes.

So the other guys does the same stuff as you but is helpful as well?

[JRCT]

So the other guys does the same stuff as you but is helpful as well?

Yes. In short. I'm not suggesting that I'm not helpful. I just help with what I'm paid to help with.

I understand there's a smudgy line in there and there are of course some things that I've helped out with on occasion that aren't strictly my responsibility. But that's the reason for the question. Because the other contractor is willing to do these things all the time, I of course get asked to do similar tasks that ideally I should be pushing back on. I do but it's not a comfortable situation.

[LondonManc]

Could be time for a discussion paper:

Offering vs being told - does it make a different to IR35?

[VectraMan]

As HMRC look at IR35 on a contract by contract basis I don't think your colleagues behaviour is going to hurt your position. If anything it could help as the client will remember how different you behaved.

Or the client will remember how difficult and obnoxious you were and do nothing to help you whilst saying all the right things to help out their good mate who was a laugh at the christmas party.

[iainp999]

It sounds like this is more about the client's expectations of contractors? Could you have a word with them to clarify the nature of the engagement?

Do you know that the other guy is operating as a limited and choosing to place themselves outside of IR35?

[BolshieBastard]

As I type this, 2 of my fellow contractors are using the client's Employee Discount facilities to buy items via the client provided credentials.

I kid not!

[MrMarkyMark]

As I type this, 2 of my fellow contractors are using the client's Employee Discount facilities to buy items via the client provided credentials.

I kid not!

Good for Christmas, I guess. I have seen that a few times here

[psychocandy]

Or the client will remember how difficult and obnoxious you were and do nothing to help you whilst saying all the right things to help out their good mate who was a laugh at the christmas party.

Spot on. Remember its the client who gets you the renewal and quite often opinions of the permies will be asked. If they think you're an arse then they'll pick the other guy if its a choice.

All well and good playing the "I'm a contractor" card but I truly believe clients don't give a monkeys. They want someone there who will do the work and not upset the applecart or the permes.

If it goes too far then you''ll be perfectly safe outside IR35 but have no contract to worry about. Seen it happen more than once.

Then again there is a limit somewhere I will agree. I worked with a fellow contractor once who worked weekends for free all the time. Peed me off because I looked a git when I asked them to authorise it in advance if they wanted me to work. This contractor also went 6 weeks without a contract because hiring manager was "a bit busy to sort it all out but I will". Whereas I refused to turn up because they wouldnt even confirm extension via email.

So I understand to a certain extent.