Client's control if automatically exempt from IR35

[wattaj]

There's nothing wrong with working inside IR35, but dealing with HR is a symptom of a client that thinks you're a bum on seat resource, not a supplier.

T'was ever thus.

[northernladuk]

Ok, thank you.

Fortunately, that list was just a hypothetical example. I do have to request my holiday via their system though. I'll have a chat with the HR.

Did you not get your contract properly reviewed for IR35 before you started as per the old days or did you not understand the situation and just signed and went in? Caveat is it is working practices that determine IR35 not contract but you should have had it checked. Have you got IR35 insurance?

The problem here is the size of the company. Although HMRC have said it's self determination as per the old days small companies are often the ones that will treat their contractors like temporary perms and not contractors. They just aren't big enough to have enough work for 1 person in each role so will often take someone on to do something and that person will invariably be asked to do other things. It's all hands to the pump in small companies which immediately blows your D&C and unlikely RoS will stand up.

People get all excited when it's a small company and they can do their own determination but IMO it's a minefield as it's an area where the determination you want usually isn't there and it sounds like the case for the OP.