Work Request Queues and IR35

[Denny]

ha ha! They treat employees like s*** and have got such a bad name they cant get enough new employees!

Out of interest, how much do you worry about IR35? I know a lot of contractors simply rely on the contract, or just hope they can win any contest. I've only been contracting for about 9 months and the most reliable advice I've had has been far more cautoius than that.

Am I stressing too much? I know PGC win more cases than they lose.

Your intuition should inform you what your true commercial relationship is with the client. I have both direct and sourced work through EBs, but I have never, ever felt obliged to conform to anything with direct clients who make it abundantly clear to me that I can come and go as I please and put in the hours I want to. The difference is pretty obvious really.

If you are unsure, then talk it over with your client and state that you want a confirmation of working arrangements with them or clarity over your status according to the terms. Why not get a schedule of works drawn up that captivates the nature of your role as it currently stands. This could then allow you to do what the client wants but still gives you a sense that you are in overall control of the project based work you are assigned to.

If you feel that even this is a non goer and that you are likely to be terminated for turning down work or even suggesting such a thing, then you really have little option but to accept that you might be inside ir35 in practice. Unfortunately, this is very often the case with some ir35 compliant contracts which are largely the brainchild of the EB not the client. The client actually wants a temp not a contractor and as soon as you start to work to your terms in practice you find yourself falling out with the client who thinks you impertinent for wanting the freedom to actually work like a proper contractor should.

Good luck.

[ratewhore]

...you might be inside ir35 in practice. Unfortunately, this is very often the case with some ir35 compliant contracts...

And this is where my problem lies with IR35 contract reviews. The contract is used as a starting point and anyone contracting should understand enough to ensure the main points are in there. It's the working practices that are looked at in finer detail so I have never felt the need to pay for a contract review as a) I know the main points I need to have in the contract and b) I'm comfortable my working practices are outside IR35 and, oh yeah, I have the insurance as well. I get the impression that some posters here swear by them and I personally find it hard to see the value.

But hey - thats just me...

[Denny]

And this is where my problem lies with IR35 contract reviews. The contract is used as a starting point and anyone contracting should understand enough to ensure the main points are in there. It's the working practices that are looked at in finer detail so I have never felt the need to pay for a contract review as a) I know the main points I need to have in the contract and b) I'm comfortable my working practices are outside IR35 and, oh yeah, I have the insurance as well. I get the impression that some posters here swear by them and I personally find it hard to see the value.

But hey - thats just me...

No it's not. It's me as well.

I do get mine reviewed, but there are some clients that do take the piss and agree to terms the EB discusses with them simply because they expect them not to be followed once the role is secured. Personally, I think the answer lies in ensuring that the upper contract is available for reviewing as well. You can bet your life that when the client expects to take the piss then the upper contract is unlikely to mirror the exact terms the contractor signed with the EB. Sometimes not even that is enough.

More than likely there will be reference to doing the work personally and that you are under the D&C of the client.

I took on a role recently and ditched it after three days because it was very clear that I was expected to behave more like a temp not a contractor. I had my own Project support allocated to tie my shoe laces and expected to inform the client when I was going on holiday, had full staff canteen and gym membership. Plus I got a nice welcome letter from the client saying how pleased that I had become a member of staff. When I said I was working at my home office (something agreed up front) as well as on site when I felt I needed to, they forgot to mention that I had to use some sort of on=site remote access code Ifrom my own computer so I could access the client desktop for my e-mails. It was clear they had no intention of ever calling me on my mobile or using my buisness e-mail addy. This is what the flexible home working staff did too. D&C from the site is bad enough but when it encroaches on my own business addy then this really is taking the piss. The last straw was when my little elves sorted out a flight for me and paid for it directly on their own account. I had made it abundantly clear that I wanted to book my own flights and that I was charging the EB my expenses with VAT added.

However, I did negotiate a good severance fee for wasted time and client breach of contract in exchange for full and final settlement. So 5K + VAT is not bad for 3 days actually work for the client. Still annoying though as the contract would have been worth in excess of 30K if I had stayed.