Issue with first contract

[northernladuk]

Gives me a warm fuzzy feeling that there might be a LOT of easier targets out there before HMRC get to me!

Dunno about that... Is this person a business?... that jacks it in and claims benefits in between gigs.... How that isn't going to be an instant fail I don't know what is.

[billybiro]

Christ on a bike

As I said earlier, the first thing HMRC do is look at the contract. Unless they see low hanging fruit, they may just leave it there.

As for your second point, I believe, how you are treated depends on how you engage with the client initially.
If at interview you come across as a push over, then the client may take advantage of that fact.

If it all starts with the contract (and I don't doubt that it starts there) and we're all getting our contracts changed to be IR35 watertight, HMRC would never investigate anything would they?

Yes, they may just leave it there. But then again, if they're in one of their "it's been a while, let's make an example of someone" moods, they may start with the contract and continue right on to examining the actual working practices, no?

Also, whilst how you're treated by the client can be affected by how you come across (i.e. If you're a doormat, you will get walked all over) but there are some clients out there (quite a few actually) who, no matter how you come across, will treat you as a simple expendable resource and just like "one of the permies". Which is why many clients won't entertain the idea of you working from home for example. The permies can't do it, neither can you.

[psychocandy]

Dunno about that... Is this person a business?... that jacks it in and claims benefits in between gigs.... How that isn't going to be an instant fail I don't know what is.

You mean the business that lays off its employee temporarily when theres no work? Company continues to trade during this time of course.

Not relevant at all.

[MrMarkyMark]

If it all starts with the contract (and I don't doubt that it starts there) and we're all getting our contracts changed to be IR35 watertight, HMRC would never investigate anything would they?

Yes, they may just leave it there. But then again, if they're in one of their "it's been a while, let's make an example of someone" moods, they may start with the contract and continue right on to examining the actual working practices, no?

Point being and I think we are actually in agreement, if they had a "few" candidates to investigate, I believe they would start with the ones who contracts failed.
This opens the door to the next stage, deeper investigation, looking at working practices etc.

Also, whilst how you're treated by the client can be affected by how you come across (i.e. If you're a doormat, you will get walked all over) but there are some clients out there (quite a few actually) who, no matter how you come across, will treat you as a simple expendable resource and just like "one of the permies". Which is why many clients won't entertain the idea of you working from home for example. The permies can't do it, neither can you.

The problem is, as I have said on here before, everyone, on here, is in a different situation.
My roles tend to be advisory / lead positions, therefore, I engage and engaged with, different to some.
I haven't spoken to my line manager directly, for 2 months, for example. I give her a headline progress report, each week, that's it, as I'm the one running things.

As such, when it comes to things I want in place, or the way I wish to work, we hammer these things out, in the interview, prior to any offer being made.

[northernladuk]

You mean the business that lays off its employee temporarily when theres no work? Company continues to trade during this time of course.

Not relevant at all.

Oh. You have a contract of employment do you? You are also the director and only person in the company.

You might believe that but do you think that will stand up in an investigation where they are trying to prove you are a disguised permie? Do a job until it ends, go on benefits, start another job. What does that sound like to you?

[psychocandy]

Oh. You have a contract of employment do you? You are also the director and only person in the company.

You might believe that but do you think that will stand up in an investigation where they are trying to prove you are a disguised permie? Do a job until it ends, go on benefits, start another job. What does that sound like to you?

That might be YOUR opinion NLUK but I don't there is any precedent, legal or otherwise, between IR35 investigations and claiming benefits. I'm prepared to be proven wrong though.

Next thing you'll be telling me a kitten dies every time I claim benefits.....

[NotAllThere]

That might be YOUR opinion NLUK but I don't there is any precedent, legal or otherwise, between IR35 investigations and claiming benefits. I'm prepared to be proven wrong though.

Next thing you'll be telling me a kitten dies every time I claim benefits.....

Nonsense. But a puppy does...

Thread closed as wandered far off topic.