IR35 and subsequent redundancy payments

[Anthorin]

I worked as a Contractor for a company for 11 years based at the same location. When IR35 arrived it was clear I fell outside of that, and I stopped dividend payments etc etc.

In 2007 the company recruited me and I became a permanent employee. They have, however now made me redundant.

Does the previous non-IR35 contracting affect any redundancy payments?

[mudskipper]

I worked as a Contractor for a company for 11 years based at the same location. When IR35 arrived it was clear I fell outside of that, and I stopped dividend payments etc etc.

In 2007 the company recruited me and I became a permanent employee. They have, however now made me redundant.

Does the previous non-IR35 contracting affect any redundancy payments?

I assume you meant inside IR35. But that has no bearing on redundancy payments - one of the complaints is that you are taxed as an employee, but without any of the safeguards or benefits.

You'll only be entitled to redundancy from when you became an employee. Sometimes companies do pay more than the minimum, so it's always worth asking them the question.

[v8gaz]

Oh, and for the benefit of others reading this thread, it's never 'clear' that you are inside IR35. Despite what the revenue telly you.

[northernladuk]

Oh, and for the benefit of others reading this thread, it's never 'clear' that you are inside IR35. Despite what the revenue telly you.

Am thinking 11 years at the same place is going to be as clearly inside as it can be though. I can't believe for one minute much changed over the 11 years he was there so making his position clear enough.

Hope the OP has a very large warchest....

[malvolio]

Am thinking 11 years at the same place is going to be as clearly inside as it can be though.

Why? If he is a specialist supplier of some abstruse product, or he's supporting his own software, or he has other parallel contracts, or he has continually renewing schedules of work...?

I can't believe for one minute much changed over the 11 years he was there so making his position clear enough

Well I've been using Microsoft for around 21 years now...

Hope the OP has a very large warchest....

I hope he has a good contract and PCG membership. IR35 is never a given

[northernladuk]

Why? If he is a specialist supplier of some abstruse product, or he's supporting his own software, or he has other parallel contracts, or he has continually renewing schedules of work...?

Indeed but I think it sounds more like another JLJ that has just gone on and on until it has shot itself in the foot. I apprciate what you are saying and totally agree with the theory but as in the JLJ and I would bet many other situations the line blurs after so many years and the OP ends up with his feet further under the table than the permies. We could argue forever but that is my opinion and feel better to start at that view and be convinced otherwise than believe he has kept on top of his game all these years. We don't have the details so will have to leave that there.

Well I've been using Microsoft for around 21 years now...

I meant IR35 and the legislation changes etc... If his contract is the same as it was 11 years ago and their working practices haven't changed to keep up with number of failed attempts to introduce legislation over the years how can he be outside. I would be happy to bet there are a hell of a lot of JLJ's out there.

I hope he has a good contract and PCG membership. IR35 is never a given

Indeed but it can be as close as it can.