Maternity Cover Role

[Big Blue Plymouth]

Been offered a 6 monther to cover someone on maternity leave. Cr@p rate, but it's very local.

Haven't accepted so haven't had a contract review done yet but it looks like I'm essentially going to be doing the job of a permie for 6 months - i.e. working on multiple projects, doing my stint on the support rota once a month etc. Doing what they ask me to do when they ask me to do it, in other words.

Any way of mitigating the obvious IR35 aspect of a role like this ?

[SlipTheJab]

Been offered a 6 monther to cover someone on maternity leave. Cr@p rate, but it's very local.

Haven't accepted so haven't had a contract review done yet but it looks like I'm essentially going to be doing the job of a permie for 6 months - i.e. working on multiple projects, doing my stint on the support rota once a month etc. Doing what they ask me to do when they ask me to do it, in other words.

Any way of mitigating the obvious IR35 aspect of a role like this ?

Nope, next!

[northernladuk]

If the contract passes, and I'd be a bit disappointed if it did from what you say, you could take out IR35 insurance and hope for the best? Might cover the losses but not the pain of being investigated.

[pr1]

Been offered a 6 monther to cover someone on maternity leave. Cr@p rate, but it's very local.

Haven't accepted so haven't had a contract review done yet but it looks like I'm essentially going to be doing the job of a permie for 6 months - i.e. working on multiple projects, doing my stint on the support rota once a month etc. Doing what they ask me to do when they ask me to do it, in other words.

Any way of mitigating the obvious IR35 aspect of a role like this ?

SDC is only one third of IR35,
it's only 6 months,
if it's a cr@p rate then are you really putting that much potential tax at risk? (after salary/pension for the year?)

[northernladuk]

SDC is only one third of IR35,
it's only 6 months,
if it's a cr@p rate then are you really putting that much potential tax at risk? (after salary/pension for the year?)

It is but you'd imagine his sub clause will be a sham as well.

[Big Blue Plymouth]

It is but you'd imagine his sub clause will be a sham as well.

Yes, because I'd be spending the first month shadowing the person I'm replacing so they're hardly to let any Tom, Dick or Harry take over at the drop of a hat.

[missinggreenfields]

If you want the role, then take it - don't let the tax tail wag the contracting dog and all that.

Depending on what level of salary you usually take and your age, I would look into sticking the majority of the IR35-caught income into a pension to reduce the PAYE and NI bill - that's how I treat my inside IR35 contract.

[eek]

If you want the role, then take it - don't let the tax tail wag the contracting dog and all that.

Depending on what level of salary you usually take and your age, I would look into sticking the majority of the IR35-caught income into a pension to reduce the PAYE and NI bill - that's how I treat my inside IR35 contract.

+1.

[Big Blue Plymouth]

If you can stand the rate ... she might not come back, also if your through the door could lead to other work.

It's 25% below my usual rate, though it's only 15 miles away which is a luxury I'm not normally afforded.

It's a question of do I take it because nothing else may come along before Christmas & I've already been out of work for 2 months or do I hold out for the elusive upturn....

I have to confess, the thought of "shadowing" somebody until mid December fills me with dread (aside from the IR35 issues) so I'm leaning towards the "holding out for something better" option.

[FrontEnder]

It's 25% below my usual rate, though it's only 15 miles away which is a luxury I'm not normally afforded.

It's a question of do I take it because nothing else may come along before Christmas & I've already been out of work for 2 months or do I hold out for the elusive upturn....

I have to confess, the thought of "shadowing" somebody until mid December fills me with dread (aside from the IR35 issues) so I'm leaning towards the "holding out for something better" option.

Have you tried negotiating these terms? If they are willing to change this then you could turn this into a bit of a plus for IR35 purposes.

E.g. if the person you are covering is on a team of 5 who share project and BAU work, but you can specify in you SoW that you work on only one (or even a few) projects and nothing more then get rid of this shadowing nonsense it's not bad at all, provided they stick to it.

Sell yourself as an expert and that you think they'll be able to deliver the projects quicker with you focussed on the area you specialise in and the team picking up the slack on BAU work.

I'd have that down as an IR35 win if you can pull it off.