Long Contracts

[northernladuk]

Hmmm. Not sure some of these things are that bad to be honest.

There seems to be an awful lot of paranoia. I used to work with a fella like this. He was a right awkward git and used to refuse to do even the slightest things if he thought it was affecting his IR35 status.

In the end, client got sick of it and gave him the boot.

Point being its all well and good worrying about it but IMHO most clients dont give a monkeys. Upset them too much and you wont have to worry about IR35 because you won't have a contract!

Which he was probably quite happy with as he could go get a better gig than become part and parcel. If he has to upset his client it sounds like his client was trying to put him inside IR35 so in his opinion he is better of out. I can go with that. If the client understands the contractor wouldn't have to be defending himself all the time... if that makes sense.

That's the great thing about contracting, you set your limits and you can stick to them. No need to be forced in to disguised employment by a client that doesn't understand contractors.

Saying that there is a limit where this IR35 tail wags the dog and he really is being unjustifiably unreasonable. People are people after all.

[portseven]

I have heard of some contractors being at a client site for 20 years +

[tvr450]

LOL. Not sure why you would be scared in that situation. You sound more like a supplier than a contractor so home and dry....

or are you????? Mauahahah

Help - I'm off to get QDos TLC35 RIGHT NOW

[Goatfell]

Which he was probably quite happy with as he could go get a better gig than become part and parcel. If he has to upset his client it sounds like his client was trying to put him inside IR35 so in his opinion he is better of out. I can go with that. If the client understands the contractor wouldn't have to be defending himself all the time... if that makes sense.

That's the great thing about contracting, you set your limits and you can stick to them. No need to be forced in to disguised employment by a client that doesn't understand contractors.

Saying that there is a limit where this IR35 tail wags the dog and he really is being unjustifiably unreasonable. People are people after all.

This.

Be aware of the legislation then do what is best for your business.

[uk contractor]

28 months is my longest average is 24 months.


I heard from HR in several clients the 24 month rule is not strictly adhered to its just some get scared & do not understand IR35 so enforce the 24 months limit if you will not go perm!

[jonskids]

Longest - 8 yrs
2nd longest - 6.5 yrs

[Zero Liability]

28 months is my longest average is 24 months.


I heard from HR in several clients the 24 month rule is not strictly adhered to its just some get scared & do not understand IR35 so enforce the 24 months limit if you will not go perm!

Well it has diddly squat to do with IR35 regardless, although as you say some clients, agents and contractors seem oblivious to this.

[Goatfell]

28 months is my longest average is 24 months.


I heard from HR in several clients the 24 month rule is not strictly adhered to its just some get scared & do not understand IR35 so enforce the 24 months limit if you will not go perm!

What is this 24 month rule you speak of?

It may be just the wine on my part (hey it is Thursday), but the only rule I'm familiar with is with regards to T&S and it's got sod all to do with HR or IR35.

If the client's HR dept is terminating contractors if they don't go perm I'd be very worried as it shows a potentially awkward understanding of the difference between contractors, temps and staff.

[Zero Liability]

It's the same rule, it's called the 24 month or temporary work place rule.

More here:

Temporary workplace rules for contractors

You do get quite a few contractors and agents who also fail to distinguish it from IR35, in addition to google search challenged end users...

[Contreras]

Well I'm still to meet a contractor who has been on site for over two years who is not 'part of the furniture'. That's the very reason I went alone in the first place.

Yes, but...

I agree that it's down to mitigation and your behaviour. I disagree that being in a long contract makes you a disguised employee, though.

• I work from home
• I use my own equipment, having refused their offer of a laptop
• I have a pass that identifies me as a contractor
• I am identified in the system as a contractor
• I am recognised within the team as a contractor (three contractors, three permie in the team, and they all know who the contractors are )
• I work the hours that I choose to do, and am not controlled in any way, shape or form
• When I am unavailable for work, I inform the stream lead that I am unavailable. There is no notion of approval
• I have an unfettered right of substitution in the contract
• When there is no work to do, I do not invoice for that time
• They have been my client for 2 1/2 years and should continue to do so for another year at least
• I am working on a huge implementation which takes a significant amount of time to complete - certainly when I discussed the scale and type of implementation with the Oracle SVP for eBusiness Suite two years ago he said that he wasn't aware of any client in the world who had attempted to do what we are doing

With respect, WFH does make it easier to behave as an outsider and be seen as an outsider.

Justifying the use of one's own IT kit for example. No doubt you have the experience (gravitas?) to deal with it whatever. But being on-site for a couple of years would, for most people I think, require more effort to stay detached without causing alienation.