Reporting IR35 Bad Practices ?

[AussieDigger]

So if you thought a client and agency were not doing what was required to ensure contractors were operating outside IR35, how would you report it ?

[cojak]

It's not good over evil, it's business!

If they were breaking the Code of Conduct for Employment Agencies it might be different...

I think you've missed the point - it would benefit both if they treated you as a business, but if they don't want to do it they don't have to.

[AussieDigger]

It's not good over evil, it's business!

If they were breaking the Code of Conduct for Employment Agencies it might be different...

I think you've missed the point - it would benefit both if they treated you as a business, but if they don't want to do it they don't have to.

I'm not sure thats the point.

If the client isn't ensuring contract renewals are in place defining work to be performed, that PII is required and other key IR35 aspects, does this not sound dodgy?

[malvolio]

I'm not sure thats the point.

If the client isn't ensuring contract renewals are in place defining work to be performed, that PII is required and other key IR35 aspects, does this not sound dodgy?

No, it sounds like they don't care. IR35 is down to you to manage, nobody else, it's not even on their radar; they just want a worker.

However, you perhaps need to revise what defines in and out of IR35.

[cojak]

Dodgy to whom? It's only been in the last few years that most agencies require contractors to have insurance, and not all do even now.

[cojak]

No, it sounds like they don't care. IR35 is down to you to manage, nobody else, it's not even on their radar; they just want a worker.

However, you perhaps need to revise what defines in and out of IR35.

WMS.

You need to research what it means to be a business in this industry.

[SueEllen]

I'm not sure thats the point.

If the client isn't ensuring contract renewals are in place defining work to be performed, that PII is required and other key IR35 aspects, does this not sound dodgy?

No it's called you need to get your contract reviewed and then negiogiated to suit you*, and you need to negiogiate your working practises.

*Yes you have to pay but that's part of being a business.

[Greg@CapitalCity]

If the client isn't ensuring contract renewals are in place defining work to be performed, that PII is required and other key IR35 aspects, does this not sound dodgy?

I would call it 'unhelpful'. As SueEllen says, at the end of the day your IR35 status lies with you. If you feel your client and your agency are not playing ball, then raise your concerns with them. If they still don't really care, then change your agency and your client if you feel they are sufficiently putting your IR35 status at risk. Remember actual working practices are a big part of IR35, which you don't really comment on here.

[BlasterBates]

This sounds like a contract inside IR35. If you are on a "bum on a seat" contractor, being directed and activities to do on a weekly basis, you'll probably be deemed to be inside IR35.