Assessing IR35 status when working without contract

[seccles12]

Hello,

I was wondering if anyone can point me in the right direction to get my IR35 status assessed.

I currently work freelance for five different clients doing installs/upgrades at different end user sites. (eg. Mon-Wed work for client A, Thurs & Fri work for client B etc.) Each piece of work varies in length from one day to normally no more than three weeks but there is no obligation for either party to provide work/accept work.

I only have contracts with two of my clients, but these two contracts don't specify any set hours/days/rates to be worked. They are more in regard to intellectual property/NDAs/not working for competitors. Each client usually just sends me a purchase order before each engagement to cover a particular number of days.

Does anyone know how do I get an opinion on my IR35 status if I don't have contracts in place with all my clients? The websites that I've seen just seem to offer contract review services.

Hope someone can help,

Cheers

Steve.

[The Lone Gunman]

I think you are well outside and dont need to worry.
I am finding it hard to explain my reasons.

I am assuming that you get a phone call from a client and they say they need a new install or fix. You say "right away" or "it will be next week" or whatever. You then turn up and assess the work and quote a price, or agree a day/hour rate to finish. If there is an emergency you at another client you can attend to that as you like, present job allowing?

I am not qualified to give this advice.

Contact one of the IR35 legal advisers and tell them your position. Baur and Cottrell probably.
Post this question on Shout99 ask an expert and explain the circumstances in detail.

[VectraMan]

If everyone worked like you they'd have no hope of pining IR35 on anyone. There's no way anyone could possibly argue you were part of your client's organisation like an employee.

Go read the guides, but I think you'd be wasting your money getting any kind of professional opinion.

[PhilAtBFCA]

IR35 Review

Based on what you describe I dont think you need an IR35 review, although you could do a review based on each of the working arrangements that you have ( rather than a contract ). I think I would receomend that you have written terms and conditions with your clients. These written T&C's would be a contract if it were looked at, but it would certainly help you if the T&C's were written and agreed with your clients, and they detail the working conditions that you have agreed with them. You could write these yourself and present them to the clients with your invoice, or on the reverse of your invoice, alternatively you could ask them to sign an order, which would have your T&C's on them. Don't forget any of this "best practice" protects them as a business too so its also in their interest to have matters clearly laid out.