IR35 Agency References

[superdeano]

I'm a contractor operating a limited company. Always taken a cautious approach to IR35 - contract reviews etc. so am as confident as I can be that all my contracts are outwith IR35.

I've been asked by my current recruitment agency to provide references for the last 12 months.

The thing that bothers me is that the form I've been asked to fill out refers to "employment references", with fields like "Date of employment", "line manager" etc.

Could this be seen as (incorrect) evidence that I've been in an employment relationship and therefore inside IR35 if I fill it out? Or am I just being really really pedantic??

Appreciate any input that anyone can give.

[SteelyDan]

"Or am I just being really really pedantic??"

I think the word you're looking for is paranoid...

[DirtyDog]

Company name = YourCo
Date of employment = date you started
Line manager = N/A

[northernladuk]

"Or am I just being really really pedantic??"

I think the word you're looking for is paranoid...

^^ This.

There is a huge difference between IR35 and lazy agents that can't be arsed to create a new form.

[SteelyDan]

Company name = YourCo
Date of employment = date you started
Line manager = N/A

In order to get anywhere with the agency reference request, I don't think you'll get away with the above.
They will want to know for which organisation you provided services, and the dates to/from, plus a contact name (or previous agency contact) in order to verify what you have already told the agency, or what they have seen on your CV. I'm guessing your CV listed client organisation and NOT 'your-co'?
I wouldn't get too precious about the 'employment' thing, although reading some of the tripe on here, you have every right to be paranoid.

[kingcook]

I'm a contractor operating a limited company. Always taken a cautious approach to IR35 - contract reviews etc. so am as confident as I can be that all my contracts are outwith IR35.

I've been asked by my current recruitment agency to provide references for the last 12 months.

The thing that bothers me is that the form I've been asked to fill out refers to "employment references", with fields like "Date of employment", "line manager" etc.

Could this be seen as (incorrect) evidence that I've been in an employment relationship and therefore inside IR35 if I fill it out? Or am I just being really really pedantic??

Appreciate any input that anyone can give.

Your "current" recruitment agency.

This implies that you already have a contract with them and have been working on client side, yes? no?

[superdeano]

Thanks for the responses.

I consider myself quite well informed about IR35 (compared to some of my peers) but am never sure what's really important when it comes to details like these.

In the end, I actually just changed their template form to read "Date of contract" and "Contact Name" instead of "Date of Employment", "Line Manager" etc. Just because you're paranoid, doesn't mean they're not after you...

This implies that you already have a contract with them and have been working on client side, yes? no?

The recruitment agent never got references when I started this contract, but now says he needs them on file for due diligence or something like that - so I haven't gone from permie to contract if that's what you're asking?

[LisaContractorUmbrella]

What's really important with IR35 is - supervision, direction and control, mutuality of obligation and a right of substitution - the other bits and pieces will help slightly or hinder slightly but are unlikely to make a fundamental difference to your status

[DirtyDog]

In order to get anywhere with the agency reference request, I don't think you'll get away with the above.
They will want to know for which organisation you provided services, and the dates to/from, plus a contact name (or previous agency contact) in order to verify what you have already told the agency, or what they have seen on your CV.

The OP is already in contract with the agency, so why do they need the information now?

I'm guessing your CV listed client organisation and NOT 'your-co'?

It's a mixture - there are some clients where there is an NDA in place, and there are some government clients who I'm not allowed to discuss anyway.

[SteelyDan]

The OP is already in contract with the agency, so why do they need the information now?

For due diligence, apparently...although asking this late might seem a contradiction in terms