Non-compete clause and IR35?

[MickeyP]

Hi all,

I have been offered an extension to my current contract which has a non-compete clause of 6 months added to it.

With my current gig being in a niche sector this clause is never likely to get invoked as there are very few competitors out there anyway so I'm not bothered from a restriction of potential future work point of view.

But I was wondering about any +ve or -ve affect on IR35 status? Does it smack of permie-dom? Or provide further evidence of a blighted consultant being prejudiced against (in the same vein as no holidays, training blah blah). Or is it irrelevant?

Thanks

Mickey.

[northernladuk]

IR35 guides are to the right and plenty of info in google.

Searching the forum can be done using the method as highlighted in the post below. Search for handcuff or non compete
http://forums.contractoruk.com/welco...uk-forums.html

Once you have read all this up and have a basic understanding of IR35 the answer will be wonderfully clear.

You might not be but the client might which is the whole purpose of it. You should be inside IR35 just for not understanding business aspects of a non compete clause.

Oh yeah forgot.. Read the Opt Out/In sticky thread as well. Your Opt in/out status has an impact on the handcuff clause as well.

[MickeyP]

IR35 guides are to the right and plenty of info in google.

Searching the forum can be done using the method as highlighted in the post below. Search for handcuff or non compete
http://forums.contractoruk.com/welco...uk-forums.html

Once you have read all this up and have a basic understanding of IR35 the answer will be wonderfully clear.

You might not be but the client might which is the whole purpose of it. You should be inside IR35 just for not understanding business aspects of a non compete clause.

Oh yeah forgot.. Read the Opt Out/In sticky thread as well. Your Opt in/out status has an impact on the handcuff clause as well.

By the speed of your answer I presume you really are desperate for that "Personality of the year award" for next year.

Thanks for nothing by the way.

[northernladuk]

By the speed of your answer I presume you really are desperate for that "Personality of the year award" for next year.

Thanks for nothing by the way.

Funny you should mention that. I only came runner up this year but you can see where the comment

http://forums.contractoruk.com/gener...k-winners.html

and the latter because of his reliably no-nonsense, unforgiving approach to forum newcomers.

Don't know why you say thanks for nothing. I have given you everything you possibly need to not only answer your question but get a good understanding of IR35 so don't have to worry about anything else. I also showed you the answer in the Opt out/in situation. Doesn't matter what the contract says if you are opted the right way so nothing to worry about.

Further clue about handcuff clauses and IR35 regardless of Opt in/out status. Permie contracts have clauses the same or close to this as well so is nothing unique in a contract of any type. It protects the client from taking their info and going to client which seems perfectly reasonable whatever method you use to get work. Nothing to do with your work status.

As in all case the devil is in the details. All the above is a generalisation based on a the standard clauses. Yours could be extra detailed or worded differently.

[northernladuk]

Here is a no nonsense summary of Opt in/out and handcuff....

http://forums.contractoruk.com/gener...t-opt-out.html

[MickeyP]

Further clue about handcuff clauses and IR35 regardless of Opt in/out status. Permie contracts have clauses the same or close to this as well so is nothing unique in a contract of any type. It protects the client from taking their info and going to client which seems perfectly reasonable whatever method you use to get work. Nothing to do with your work status.

That's all what I wanted to know. Thanks. (Opt in/out is irrelevant to me as there is no agency involved). I know plenty about IR35 thank you very much so stop going on the offensive from the word go about it. I used to like Judge Dredd until I saw your Avatar giving a bashing to every poor sod who dares ask a question.