What to say to get out of invites to IR35 unfriendly activities

[GillsMan]

Try "I'd love to go, but I'd rather have type two diabetes".

[Antman]

Of all the responses so far, I prefer WordIsBond's response. Doesn't seem much of a comeback to that.

[unixman]

What we need here is a view from an actual employer. I searched ukbusiness forums but nothing so far.

[unixman]

"Thank you, but I can't go. I've studied the rules carefully, and this is the kind of thing that HMRC might use to argue that I'm an employee. That would be bad for both of us -- you aren't paying employer's NI and I'm not your employee, and we don't want to give HMRC anything that could cause trouble for either of us."

If Hector ever does come nosing around, they'll remember that and tell him, "He wasn't an employee. He wouldn't even go to a development forum."

Yes this is bang on the truth, but that doesn't necessarily mean it is the best thing to say to your client.

Among those minority of people who have been done under IR35, was the liability solely theirs, or were there also comebacks for the agency and end client ?

[Gumbo Robot]

Of all the responses so far, I prefer WordIsBond's response. Doesn't seem much of a comeback to that.

I've kind of mentioned that this could be bad for both them as well as myself in the email that I sent earlier.

Yes this is bang on the truth, but that doesn't necessarily mean it is the best thing to say to your client.

Among those minority of people who have been done under IR35, was the liability solely theirs, or were there also comebacks for the agency and end client ?

Yes, the AA were stung a few years ago in quite a high profile case.

[northernladuk]

Where as you are right to be concerned about this type of thing I think you could look at this case as slightly different. This isn't a generic all employees required forum to release company news, future strategy and all that gubbins. This is a focused technical forum of which you are the incumbent external specialist.

Why not just get your line manager to write you a mail along the lines of --

Whilst we understand you are not an employee of <client> we would appreciate your specialist input to our forum and would welcome your experiences from other clients.

or something along those lines. That way you are identified as being different to the permies and are still carrying out a consultancy role.

Thinking about it you could write that your client manager and his 'ok' is his acceptance that he understands your difference.

[WordIsBond]

Yes this is bang on the truth, but that doesn't necessarily mean it is the best thing to say to your client.

Among those minority of people who have been done under IR35, was the liability solely theirs, or were there also comebacks for the agency and end client ?

I don't think there has ever been any comeback on the end client. But you asked yesterday's question.

Tomorrow's question is will there be comeback in the future. I'd bet there will be. That's the way they are going on the expenses consultation -- they are looking for ways to make the end client accountable. And there's been some noise on that front on IR35, too.

The golden rule of pursuing someone legally is always find a way to go after the deep pockets. Almost always, it is the end client who has the deep pockets. They'll find a way to drag them in if they can.

And of course there is always the employment rights issue. There has been comeback on end clients on that, in a few cases.

It depends on your client and your relationship whether it is best to be up-front on this or not. But usually your client knows that you are a contractor, right? Reminding them that it makes a difference is not only good for IR35 but good for other purposes as well.

[WordIsBond]

Whilst we understand you are not an employee of <client> we would appreciate your specialist input to our forum and would welcome your experiences from other clients.

or something along those lines. That way you are identified as being different to the permies and are still carrying out a consultancy role.

Thinking about it you could write that your client manager and his 'ok' is his acceptance that he understands your difference.

This actually seems to me to be quite brilliant. YACOTBAC.

[northernladuk]

This actually seems to me to be quite brilliant. YACOTBAC.

I thank you sir....

[tractor]

....

If it is only an invitation, why complicate matters, simply politely decline saying you have deadlines to meet?