Falling Foul of IR35

[malvolio]

So has Spring put their house in order since then, or are they still following the same practise ?

Oh thank you, thank you, thank you. It's been a fairly crap week and I just needed a good belly laugh to finish it with....

[ASB]

No, its's simpler than that. The agency (naming no names, of course) have signed a contract withthe contractor's company containing a clause allowing the use of a substitute, subject to client approval, which is entirely valid and normal in IR35 terms. They also signed a contract with the client stating that only the contractor himself would be allowed to do the work.

Well when you put it that way it certainly does seem much more likely it's misrepresentation. But would it be actionable ?

In order for an action to succeed it would be necessary to establish loss as a result of this. Essentially that then means the individual would have to have won thier case if the clause had been mirrored. This is by no means certain, and would be very difficult to establish.

It may be useful to see it tested, but if the contractor won I think it is likely that all that would hasppen is agencys would be less flexible in contractor side contracts.

[Spiderman]

Cheers.

INteresting re that study which was finally concluded in June 2007, this surely proves that many who thought they were outside IR35 are going to have a hard case convincing otherwise as many people work in a similar way or with even less chance of proving self employment.

MAny of the things in his contract and workin practices I thought may steer him towards proving self employment but infact not at all.

What are other peoples thoughts

[Old Greg]

INteresting re that study which was finally concluded in June 2007, this surely proves that many who thought they were outside IR35 are going to have a hard case convincing otherwise as many people work in a similar way or with even less chance of proving self employment.

MAny of the things in his contract and workin practices I thought may steer him towards proving self employment but infact not at all.

What are other peoples thoughts

It's kind of worrying:

I have a RoS. Is it in the contract between the end-client and the agency? Don't know. Would I be able to invoke it? I work in a highly specialist area and it would be difficult to find someone who would be acceptable to the client.

I have a week's notice in my contract. Bang goes MOO?

Could probably swing it on Direction and Control.

And I eat in the canteen!

I'm wondering if the best thing is to wind up the Ltd. every 2 years and start up a new one.