Am I right to be concerned at creeping IR35-ism?

[BolshieBastard]

I went back contracting to top up the pension pot after some money had to be unexpectly assigned elsewhere.

Before I stopped contracting, I always tried to make sure I was outside IR35 and stayed away from contracts that looked likely IR35.

In all this time, it appeared a good many contractors hadnt a clue about IR35 or always trotted out the line about someone else getting caught and even then, HMRC never won.

Now Im contracting again, it seems like even more people have their head stuck in the sand about IR35. Im back at a banking client Ive worked on and off for something like 6 years in total. The last time I was on site was 4 years ago.

The client used to be quite flexible towards contractors. Now, they've clamped down a hell of a lot. Thanks to a number of contractors taking the piss with attendance (you only have to work 35 hours a week FFS), they're introducing a regime where you have to specify your hours of attendance. Not only that, they are also introducing an app where you have to record your start and finish times plus when you take the mandatory hour for lunch.

Last week they also issued a directive that holiday 'requests' had to be made at least 2 weeks before the intended absence. They didnt used to have this crap.

Im concerned at the creeping IR35ism but none of my colleagues seem to care. Am I right to be concerned at this creeping D&C and lurch towards being IR35 caught? None of this stuff was about when I started some 6 months ago so my then working practices and contract were declared outside.

Before anyone says 'I'd tell them I dont agree to these conditions' blah, blah, blah, that's a non starter thanks to the piss takers who were walked off site. Its stay and accept or dont renew and Im leaning to not renewing.

[SlipTheJab]

I went back contracting to top up the pension pot after some money had to be unexpectly assigned elsewhere.

Before I stopped contracting, I always tried to make sure I was outside IR35 and stayed away from contracts that looked likely IR35.

In all this time, it appeared a good many contractors hadnt a clue about IR35 or always trotted out the line about someone else getting caught and even then, HMRC never won.

Now Im contracting again, it seems like even more people have their head stuck in the sand about IR35. Im back at a banking client Ive worked on and off for something like 6 years in total. The last time I was on site was 4 years ago.

The client used to be quite flexible towards contractors. Now, they've clamped down a hell of a lot. Thanks to a number of contractors taking the piss with attendance (you only have to work 35 hours a week FFS), they're introducing a regime where you have to specify your hours of attendance. Not only that, they are also introducing an app where you have to record your start and finish times plus when you take the mandatory hour for lunch.

Last week they also issued a directive that holiday 'requests' had to be made at least 2 weeks before the intended absence. They didnt used to have this crap.

Im concerned at the creeping IR35ism but none of my colleagues seem to care. Am I right to be concerned at this creeping D&C and lurch towards being IR35 caught? None of this stuff was about when I started some 6 months ago so my then working practices and contract were declared outside.

Before anyone says 'I'd tell them I dont agree to these conditions' blah, blah, blah, that's a non starter thanks to the piss takers who were walked off site. Its stay and accept or dont renew and Im leaning to not renewing.

If your topping up the pension then surely it doesn't matter just whack 100% of your rate into one and jobs a good un:-)

[TheLordDave]

If your planning to top up your pension does it matter? Slap it all in your pension and being caught or not doesn't matter.

[SlipTheJab]

If your planning to top up your pension does it matter? Slap it all in your pension and being caught or not doesn't matter.

WHS Great minds Lord Dave

[BlasterBates]

Totally agree, IT developers are now micro-controlled, and if you got a tough investigator who knew the scene he'd make mincemeat out of anyone working in a bank.

However....

I think that IR35 is a very low priority so I think it's incredibily unlikely that anyone will be investigated, and even if you did I think that if someone from the IR35 insurance company handles it, he can probably fob any investigators off by painting quite a different picture than reality.

Generally IR35 seems to be off the HMRC radar screen.

[TheFaQQer]

Generally IR35 seems to be off the HMRC radar screen.

Didn't HMRC pledge last year to increase the number of staff, increase the number of investigations, and try to show that IR35 brings in money?

I don't see that as being off the radar - although other moves may well make IR35 irrelevant.

[tractor]

Didn't HMRC pledge last year to increase the number of staff, increase the number of investigations, and try to show that IR35 brings in money?

I don't see that as being off the radar - although other moves may well make IR35 irrelevant.

They also say that 'tax doesn't have to be taxing' whilst adding 1000 pages a year to the tax code

They can hardly say publicly that they are not focussing on it. They also have to make the same cuts as every other government department year on year.

[BrilloPad]

Totally agree, IT developers are now micro-controlled, and if you got a tough investigator who knew the scene he'd make mincemeat out of anyone working in a bank.

However....

I think that IR35 is a very low priority so I think it's incredibily unlikely that anyone will be investigated, and even if you did I think that if someone from the IR35 insurance company handles it, he can probably fob any investigators off by painting quite a different picture than reality.

Generally IR35 seems to be off the HMRC radar screen.

This! Please let this be correct!

[Bozwell]

I went back contracting to top up the pension pot after some money had to be unexpectly assigned elsewhere.

Before I stopped contracting, I always tried to make sure I was outside IR35 and stayed away from contracts that looked likely IR35.

In all this time, it appeared a good many contractors hadnt a clue about IR35 or always trotted out the line about someone else getting caught and even then, HMRC never won.

Now Im contracting again, it seems like even more people have their head stuck in the sand about IR35. Im back at a banking client Ive worked on and off for something like 6 years in total. The last time I was on site was 4 years ago.

The client used to be quite flexible towards contractors. Now, they've clamped down a hell of a lot. Thanks to a number of contractors taking the piss with attendance (you only have to work 35 hours a week FFS), they're introducing a regime where you have to specify your hours of attendance. Not only that, they are also introducing an app where you have to record your start and finish times plus when you take the mandatory hour for lunch.

Last week they also issued a directive that holiday 'requests' had to be made at least 2 weeks before the intended absence. They didnt used to have this crap.

Im concerned at the creeping IR35ism but none of my colleagues seem to care. Am I right to be concerned at this creeping D&C and lurch towards being IR35 caught? None of this stuff was about when I started some 6 months ago so my then working practices and contract were declared outside.

Before anyone says 'I'd tell them I dont agree to these conditions' blah, blah, blah, that's a non starter thanks to the piss takers who were walked off site. Its stay and accept or dont renew and Im leaning to not renewing.

Logging hours is fair enough I think and not an IR35 indicator as you're just measuring the work you are charging them for but a contractor shouldn't be having to ask permission to take time off. I like to give notice when I tell the project leader I am taking time off and avoid key dates in the project but that's my choice and I never feel like I have to ask permission.

[unixman]

Hi BB, you are right to be concerned IMO.

I have experienced a similar thing here but to a far lesser extent. Nevertheless I worry about it, while other contractors seem totally unaware. It is very gradual - Client never used to expect contractors to attend department meetings, now asks them too, and has started to ask contractors to partake in "show and tell" where you make a small presentation for the sake of it. No objection but nothing could be less appropriate for a contractor. Two weeks ago I was asked to put my personal mobile number in my email sig.

At the same time, permies talk yo you more and more like a permy. Nothing alarming but just a mindset. The client doesn't seem to realize that this is not good for them either, ie. not quite legally hygienic with employment law.

I am probably leaving soon because of it. received a contract extension 2 days ago but haven't signed yet. Wondering what to do.