IR35 in reality

[ndl]

Yes, I had a contract which was a perfect example of being outside IR35, which was reviewed by the IR35 specialist. I've got a list of things to look for and usually go through all other contracts myself and get these things changed.

Edit: I know it's not ideal, but I'll take the risks.

[malvolio]

Yes, I had a contract which was a perfect example of being outside IR35, which was reviewed by the IR35 specialist. I've got a list of things to look for and usually go through all other contracts myself and get these things changed.

And, of course, ensure that those changes accurately reflect your actual working arrangements?

IR35 is not a ticklist operation.

[ndl]

And, of course, ensure that those changes accurately reflect your actual working arrangements?

IR35 is not a ticklist operation.

The way I work is usually outside IR35 (I do subcontracting, working from my own office most of the time, etc.), it's mostly the contract that worries me, not my working practices.

[malvolio]

The way I work is usually outside IR35 (I do subcontracting, working from my own office most of the time, etc.), it's mostly the contract that worries me, not my working practices.

Good point. But not necessarily a realistic template for the more conventional worker then...

[Ebenezer]

Don't know if this is threadjacking, but what's this business about laptops and phones being "excluded" from consideration in the checklist?

I've been at places (private sector) where it was explicit that permies got both of the above and contractors got neither.

[Hobosapien]

Don't know if this is threadjacking, but what's this business about laptops and phones being "excluded" from consideration in the checklist?

I've been at places (private sector) where it was explicit that permies got both of the above and contractors got neither.

Anything in the working practices (such as equipment provision in your case) that differentiates you from the permies is a bonus.

[SueEllen]

Don't know if this is threadjacking, but what's this business about laptops and phones being "excluded" from consideration in the checklist?

I've been at places (private sector) where it was explicit that permies got both of the above and contractors got neither.

HMRC made up things they think distinguishes permanent staff from contractors.

In reality if you had a case go to tribunal, which is unlikely if you are an IPSE member who has done due diligence on their contracts and working practices, then the judge won't be interested in that.

[LondonManc]

Been away from UK for a while (7 years) and just catching up on latest IR35 information. I know you should get your contract reviewed from QDOS, but unless contracting in a clients workplace has changed dramatically I still think a huge amount of people would fall inside IR35 and are just hoping for the best. I mean HMRC can investigate you for last 20 years of taxes.

I think that varies from role to role - if you're a specialist, this is less likely to be the case while I would imagine generic PMO staff are a lot closer to IR35.

For example say you are a C# developer on a 6 month contract hired through an agency after having an interview (like a permie) at a clients office

I've never been spoken to about company benefits, long term career aspirations, etc. on a contracting interview.

1. Substitution
Would the client really except somebody else from your LTD company turning up for the day and doing your work? What about if you take a day off? You should really supply a replacement for yourself. I wonder if this has ever happened in reality

If it's in the contract that substitution is allowed but has never been exercised, it stands. HMRC can't prove retrospectively that it wouldn't have been allowed to have been used, simply because you chose not to.

2. SDC
You undertake pair programming as part of the contract (I’ve seen this advertised in many roles), is this a form of supervision, who knows? Do you decline?

How can you be supervised by someone who isn't a supervisor? Paired programming is more a case of real-time peer testing than supervision.

The client tells you that you need to “do” a piece of code in a certain way to follow company practices, is this direction?

No, it's working to the standards expected by the client.

Your contract states you have been engaged to create a banking portal backend. The project is held up by 2 days, the client asks if you can help out on another project? Do you say no, I can’t or I would need a new contract? Or leave for those 2 days unpaid

Depends on the item and whether it leads to a bigger piece of work for you. Treat each instance on its own merits. Politely decline because you aren't insured for it as part of your contract or explain that you're taking it on as a potential marketing exercise for your skills within a new team.

Most of the job ads I see on Indeed for example read like disguised permanent roles

“learning from and passing knowledge to like-minded and talented colleagues”
“Share and seek knowledge to enhance the output of the team”
“Work to deadlines”
“Share options in a rapidly growing company”
“You will need to work closely with our Senior Developer to successfully implement the company requirements”

Most clients like this are struggling to fill permie roles and have simply asked the agent to chop out the blatantly permie parts (benefits, etc.) from the original advert.