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Contracting for previous employer

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    Contracting for previous employer

    Is anyone aware of whether or not contracting for a previous employer will complicate IR35 status.

    I am currently forward for a contract with an employer for whom I worked for just over a year ago. I have been (permanently) employed by another firm in between.

    The contract description more or less describes my previous post with this employer, although in the same department it is with a different team.

    I am planning to use Bauer & Cottrell to negotiate the contract but would prefer to be aware of any complications that might be involved as soon as possible.

    Any help/information appreciated.

    #2
    Originally posted by NomDePlum
    Is anyone aware of whether or not contracting for a previous employer will complicate IR35 status.

    I am currently forward for a contract with an employer for whom I worked for just over a year ago. I have been (permanently) employed by another firm in between.

    The contract description more or less describes my previous post with this employer, although in the same department it is with a different team.

    I am planning to use Bauer & Cottrell to negotiate the contract but would prefer to be aware of any complications that might be involved as soon as possible.

    Any help/information appreciated.
    AFAIK IR35 is not retrospective however it may be easier for them to prove that your contract is inside IR35 if its a role being done by employees at the company.

    Comment


      #3
      If it's Friday to Monday you're worried about, I think the 12 month weekend would make it difficult for the IR to count that against you. It's the contract, and more importantly the actual working conditions, which will carry more weight.
      If they want you (as opposed to any old BoS who doesn't know their environment) then use it to your advantage. Get a proper B2B contract (using the PCG contract as a template - you are a member, aren't you?) and dip your bread, so to speak.
      His heart is in the right place - shame we can't say the same about his brain...

      Comment


        #4
        The company in question is a quasi-government agency and I don't think I will be able to negotiate directly with them. I am hoping that they will want me enough to give me the contract over someone who is unfamiliar with the environment/technologies they use. I think this will be the case and have some indications from ex-colleagues confirming this.

        However, I am applying for the contract via an agency so I imagine any negotiations will have to be done with them. I have already indicated that I want more than originally quoted for the role and the agency has put me forward at the increased rate, again it has been indicated by ex-colleagues that this is probably not a problem (fingers crossed).

        The role is a Senior developer role and I imagine I will have a fair amount of flexibility in how it is carried out, although it will probably be 9-5, Mon-Fri as I may well be supervising the companies employees. I am hoping this will be a positive point for indicating the contract as outside IR35.

        Given that I think the company want me for this contract I am hoping that this will give me leverage when (having the) negotiating the contract with the agency.

        From other peoples experience does this sound like a fair assessment?

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