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Made redundant, offered contract work at same company

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    #11
    so the view so far is:

    1) The redundancy payment will be taxed if I take new employment with them, does this mean I have to be out of IR35 for the work to be counted as not undertaken as an employee?
    2) This scenario might not be IR35 bound, but need to consult accountant.
    3) Make sure they pay frequently.

    Thanks for the answers so far.

    Comment


      #12
      Originally posted by Crossroads View Post
      He doesn't say he is going to do the same job - if he goes back to do the same job in the same way then he will caught.

      If he is going back to provide SPECIALIST KNOWLEDGE (as stated) and delivers this in a different way, then it won't necessarily be the same job. If he works in a manner that another consultant from an external company would, then he should be fine. He should change the working practices and delivery methods to make it very obvious he is no longer an employee.
      I interpreted "they need me to carry on" as "doing the same job", but as you say, this could be a different job.

      As I said - I'd be looking for someone who I thought had a better chance of paying me, though
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      Comment


        #13
        So assuming that the specialist knowledge I'm selling is:

        a) What I worked on before (a third party product).
        b) Then I'm caught by IR35 and will be classed as being re-employed?

        How have people been smart with this sort of thing in the past to avoid permy Friday, contractor Monday?

        The only option I can see working is that:

        a) I was not working with this 3-rd party product before I was made redundant.
        b) I was brought back because I had specialist knowledge on this 3-rd party product as a consultant.

        and that's not the case.

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