My client wants to push me into a general support role as opposed to my single man project currently working on. I'm a bit concerned that this could be construed as disguised employment, but I don't want to turn around and say no to my client on the IR35 grounds!!!!????
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Last edited by Contractor UK; 7 October 2011, 12:17. -
Depends how much D&C they want... If the plan is for you to sit there in case you're wanted I should look for a new contract. However, if you are there on the basis that you will monitor and attend to faults and problems as they arise using your own skills to resolve them, then you're probably OK. Having to be on site at certain times and use certain tools are neutral, since a permie would need to do the same.
As always, contractual terms and reality are key.Blog? What blog...?
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The support requests will be dished out by a team leader (who is also a contractor!) but in terms of D&C the requests will be described as WHAT the issue is rather than HOW to solve the issue so it will be down to me as to how the problem is fixed, but this is no different to a what a permie would do in a support role?Comment
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No. In a very simple term.
Non IR35: Computer has issues...fix it.
IR35: Computer has issues, hard drive failed....replace it.Comment
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Same happened to me a while ago. I told the client I couldn't integrate and do "day to day" issues. I ended up walking away rather than run the risk. It's the only way to go really to even stand a chance of being outside IR35.Public Service Posting by the BBC - Bloggs Bulls**t Corp.
Officially CUK certified - Thick as f**k.Comment
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Well yes, not working does rather avoid the need to worry about IR35. Or you could learn how it works and what the criteria are, of course - but where's the fun in thatOriginally posted by Fred Bloggs View Post
Blog? What blog...?Comment
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Well, yes if you walked away and straight into another contract. If I had nothing else to do I would bank the money and then discuss with Her Majesty's if and when the need arose.Originally posted by Fred Bloggs View Post
I am of the opinion that work is work and money in the bank, however it is taxed, is much better than no money in the bank.
JComment
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You've lost me there ???Originally posted by Sockpuppet View Post
If a bunch of issues can be packaged up and classed as development work would that help?Comment
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SP means that it is non IR35 if there is no D&C (direction & control).. So, in the first instance, you are informed of an issue - it is up to you to use your skills to fix it. In the second instance (IR35) you are informed the machine has a HDD problem and it must be replace (you are directed on what to do)..Originally posted by hgllgh View PostThe "Fit" hits the "Shan"Comment
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I don't agree. This is what you hope is the case, but AIUI there is no case law that says so.Originally posted by Sockpuppet View Post
ISTM that simply sitting at a desk and being told "there's a fault, diagnose and fix it now" could be enough D&C to create an employee relationship (and judges have said so in summing up). In order for there to be no D&C you have to have the right to say, "no, I'm not going to do that task today".
Consider the position of the NHS consultant. Does anybody tell him what to do when he sees a patient? (Nope, he uses his skill and judgment to do this)?
Does anybody tell him which patients to see? (Nope, because as well as being a skilled professional he is also the manager of a team of more junior doctors and he gets to pick which ones he sees and which ones his juniors see).
Is he an employee when wearing his NHS hat? Yes he most certainly is.
Now, I know that people have managed to convince IR people that the above passes the test, but no-one has convinced a judge.
timComment
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