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IR35 advice

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    #11
    Originally posted by LisaContractorUmbrella View Post
    And who will you be reporting to? Will they be directing what you do? Will you be working the same hours as the permies? etc etc The other consideration is that, having left there as a permie and gone back under contract it would be a fair assumption that you were integrated into the workforce
    Sorry for the delayed response - just had the interview so I know a bit more about the role. This is a temporary role which involves management of application development across multiple projects within a large financial services programme. Working hours will be longer than std permie hours (although I will look for "professional working day" to be specified in the contract or something along those lines) so there are differences there. The role is totally different that which I undertook as a permie and in a totally different area of IT that i have never worked in before. I have also negotiated some flexible working into the arrangement.

    Re your comment about leaving as a permie and going back under contract, NLUK has already stated this is not an IR35 "red flag" issue, given that i will be contracted to a managed service provider rather than to my previous employers?

    Should an offer be forthcoming, I'll ensure my contract is checked for IR35 compliance.

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      #12
      Originally posted by Jezza View Post
      Sorry for the delayed response - just had the interview so I know a bit more about the role. This is a temporary role which involves management of application development across multiple projects within a large financial services programme. Working hours will be longer than std permie hours (although I will look for "professional working day" to be specified in the contract or something along those lines) so there are differences there. The role is totally different that which I undertook as a permie and in a totally different area of IT that i have never worked in before. I have also negotiated some flexible working into the arrangement.

      Re your comment about leaving as a permie and going back under contract, NLUK has already stated this is not an IR35 "red flag" issue, given that i will be contracted to a managed service provider rather than to my previous employers?

      Should an offer be forthcoming, I'll ensure my contract is checked for IR35 compliance.
      Sounds good. Just to be clear in this case with all the differences you mention it doesn't appear you are falling foul of IR35 which is the standard assumption when going back to an ex-employer but being contracted by MSP is not an indication. It is your contract and working practices, not who you are contracted in with. Don't let your gaurd down because of this.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #13
        Originally posted by northernladuk View Post
        Sounds good. Just to be clear in this case with all the differences you mention it doesn't appear you are falling foul of IR35 which is the standard assumption when going back to an ex-employer but being contracted by MSP is not an indication. It is your contract and working practices, not who you are contracted in with. Don't let your gaurd down because of this.
        Thanks i'll make sure I consider the other implications re working practices etc. Thanks to you and everyone else for their input!

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