Do I have any rights?

[LisaContractorUmbrella]

Would that not place the OP firmly inside IR35? The penalties and taxes may well outweigh any benefit of implied employment.

Yes, if he has been operating outside which is why I would imagine so few of these cases come up

[LisaContractorUmbrella]

True, of course - where the worker has sued for employment rights. It depends on several factors of course, but the only likely right here - gien the job has gone away - is for redundancy; that would be a narrow call for someone not currently on an employment contract: you can easily argue that the contractor's day rate includes the cost of the risk as a rolling upllift.

Redundancy not an issue if the contract is through an agency but not so if the OP is going direct

[northernladuk]

I have feeling the OP hasn't a clue what IR35 and put himself firmly inside while doing his finances for outside. This could be the best thing that has ever happened to him so he can got get a proper contract and spend the next 6 years HMRC don't spot him (or in blissful ignorance again

[LisaContractorUmbrella]

I have feeling the OP hasn't a clue what IR35 and put himself firmly inside while doing his finances for outside. This could be the best thing that has ever happened to him so he can got get a proper contract and spend the next 6 years HMRC don't spot him (or in blissful ignorance again

If HMRC come calling I am not sure that he would see it as the best thing that could ever happen I can't imagine how awful your life would have to be for HMR&C to be the best thing in it

[northernladuk]

If HMRC come calling I am not sure that he would see it as the best thing that could ever happen I can't imagine how awful your life would have to be for HMR&C to be the best thing in it

I meant him getting binned off this contract

[northernladuk]

There was a case about 5 years ago I think where someone worked for a large corporate for 8 years and tried to claim worker rights when he got binned and that failed but I can't find it...

Interestingly though there is a recent case where a hair transplant specialist did contract work for a trust and the court of appeal ruled he did have rights as a worker.. I don't think this is good new for us personally but there you go...

Hair raising Court of Appeal decision for employers

Sure the rights you will in will be overshadowed by the crap you will be in when HMRC come wanting what is right for them as well.

[northernladuk]

IR35: Sacked Contractor Sues HP for Unfair Dismissal

[LisaContractorUmbrella]

There have been quite a few cases where people we would class as contractors have successfully claimed employment rights - as you say the edges between employment and contracting seem to be blurring but then again that is in the interests of the HMR&C. Interesting that the BBC came out today and said that they had changed their policies because 'public perspective' of PSC's was that they are avoiding tax - lots of misinformed people out there methinks