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Yet another totally incorrect comparison. How many electricians or plumbers do you know have been investigated for IR35? Then, ask yourself why you dont know any.
Answer, HMRC, rightly or wrongly, see them as 'true' self employed people.
But that is not the point. The issue is that the OP was advised that charging overtime rates is a pointer towards being an employee. The fact that there are whole classes of business that routinely charge overtime rates to their clients and are yet, as you say yourself are seen by HMRC as " 'true' self employed people" shows that overtime rates are not in and of themselves an indicator of self/employed status. QED.
There's too much paranoia around these terms, call it over-time, call it T&M it's all the same.
You're contracted either on a per hour or professional working day - The PFD is not 24 hours. There are loads on contracts that have differing hourly rates depending upon what time the work is done, especially when your contract covers OOH's support.
I know a guy at LBG who's contract had many differing multipliers, something that LBG tried on numerous occasions to change to a flat rate and SWD. Luckily for him, he was one of those rare people that are key and could happily tell them to bugger off. The only person I know that's not had to take either rate cut implemented and whose day rate is double the average contractor, without the shed-load of over-time he claims.
Anyway - if you're stupid enough not to ask for what you're entitled to because of the fear of being investigated and that investigation then pulling apart your invoices and contracts then more fool you.
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