Pushed into an IR35 situation

[LondonManc]

If you’re in a contract and your working practices change significantly as a result of a senior management decision and puts you inside IR35, is it acceptable or indeed necessary to go offsite to avoid the situation, regardless of notice period?

[jamesbrown]

If you’re in a contract and your working practices change significantly as a result of a senior management decision and puts you inside IR35, is it acceptable or indeed necessary to go offsite to avoid the situation, regardless of notice period?

Not entirely sure what the question is, but I'll bite.

If you can document the point at which the working practices change materially (and in a convincing way), you may be OK on the period leading up to the change, but I wouldn't really want to have that tested (could be a tough sell).

Going forward, if you accept the change in working practices, and the expert review you've solicited () puts you inside IR35, then you have a choice about whether you stay or go, obviously. Going "offsite", as in WFH, may not materially change anything, but the review will tell you that; without more details, it's difficult to comment.

I'd be more concerned about documenting the change very clearly on both sides, so there's no question you were inside before the change. Because if the client is simply formalising something that they previously believed to be true, you're in trouble.

[northernladuk]

No. Your tax position is your problem not your clients.

You need to look at the contract and see if there has been any breach or deviation. That might give you grounds to quit. To be in breach it would have to be something significant that is material to the contract though.

You could just invoke notice stating the changes causing issues with your company so it's not financially viable to continue.

[eek]

No. Your tax position is your problem not your clients.

You need to look at the contract and see if there has been any breach or deviation. That might give you grounds to quit. To be in breach it would have to be something significant that is material to the contract though.

You could just invoke notice stating the changes cause issues with your company's insurance's requirements so have no choice but to leave.

ftfy - as its a better get out clause than money....

[LondonManc]

Thanks chaps. By going offsite, I didn’t mean WFH, I meant stopping work. The insurance one is a good one - I’ll look into it.

[northernladuk]

ftfy - as its a better get out clause than money....

That's a good one. Bearing in mind we've got recent posters giving notice becasue they can't be arsed to get to site and because they've used their client as a stop gap while something better comes along I don't think the reason matters much

[northernladyuk]

Quote them your inside IR35 rate and max out your pension.

[LondonManc]

That's a good one. Bearing in mind we've got recent posters giving notice becasue they can't be arsed to get to site and because they've used their client as a stop gap while something better comes along I don't think the reason matters much

Still waiting for that condom sensitivity testing role?

I’d honestly be prepared to down tools and walk if it came to it. Some people are great here, others not so much.

[BR14]

Still waiting for that condom sensitivity testing role?

I’d honestly be prepared to down tools and walk if it came to it. Some people are great here, others not so much.

hey, judging by your post history, you're not new to contracting.
It's always YOUR call.
you balance the fiscal stuff with the motivation, and decide.
it's contracting.

[northernladuk]

hey, judging by your post history, you're not new to contracting.
It's always YOUR call.
you balance the fiscal stuff with the motivation, and decide.
it's contracting.

Oh. One capital! It's a start.