Switching between projects and IR35 status

[Freewill]

Hello,

I am an IT contractor and have been working on a project for a London software consultancy for the last 6 months. I am outside IR35. 2 weeks ago, my contract was coming to an end and HR had not contacted me about renewing, so I flagged it up with management and said that I would be happy to renew if they were, and could they please send the paperwork through asap. That all happened and I signed the renewal (a simple amendment to the date period of the previous contract), so far so good.

Then last week I was told that the consultancy would like to move me onto a different project, which I am happy about as it will be more interesting work. However my contract states the name of the old project which I was working on and this is important for IR35. Being able to move me between projects as they see fit, could indicate that I am a disguised employee of the consultancy. So my question is what should I do in this situation to protect my IR35 status?

- Can I ask them to give me notice on the old contract (mutually agreeing 1 week say) and then immediately issue a new one?
- Can I somehow cancel the renewal as if it never happened and issue a new contract?

I am an IPSE member and also have QDOS insurance so I probably will contact them also. Thanks in advance for your advice,

Freewill

[jamesbrown]

You should get a contract variation of some kind for each new project/deliverable/scope that you mutually agree should be delivered. For example, if you have a Master Services Agreement, this could be a new assignment schedule/task order/purchase order. Either way, yes, you absolutely should document any agreed change of scope, as there is case law that demonstrates the importance of not being moved around between projects/tasks without formal agreement (e.g. Dragonfly).

[cojak]

I move on after project completion. There are enough contracts out there to ensure that I don’t fall into the cozy traps of disguised employment.

[kaiser78]

You don't need to be given notice - just get an updated schedule of works issued reflecting the new project activities you are undertaking.

[Freewill]

Many thanks for the responses I will speak to the consultancy and get them to propose this formally.

[northernladuk]

I move on after project completion. There are enough contracts out there to ensure that I don’t fall into the cozy traps of disguised employment.

This. Getting the paperwork is important but do it too many times and it starts to just look like a paperwork exercise and the actual working practice of just giving you more work start to become a stronger factor.

That said if you have a really good relationship with the agency then look for opportunities. If you are taking a week off just around the time a project is going to end get them to give you notice a week early and start again after your week off. Being out of contract for a week will be a nice addition to the defence pot.

[tarbera]

"Then last week I was told that the consultancy would like to move me onto a different project"

A project more profitable for them I bet

Ask for a rise

[JIDEARE]

How the hell will anyone know?

Being signed on to a project.... and ending up undertaking other projects...

How will the taxman/IR35 investigators know?

[vwdan]

Being signed on to a project.... and ending up undertaking other projects...

How will the taxman/IR35 investigators know?

Uhm, because they'll ask the guy who hired you (Who has nothing to lose) over a friendly coffee "Hey, what did you originally hire JIDEARE for? Oh, cool - decent guy was he? Excellent, excellent. So what happened after that project? Okay, great, so you'd say he was pretty flexible right? Oh, he'd look at anything you asked - really? What a great guy! Just sign here, here, initial there - and thank you for your time"

[northernladuk]

Being signed on to a project.... and ending up undertaking other projects...

How will the taxman/IR35 investigators know?

They don't know day to day but if you get investigated they'll spend over 2 years asking everyone they can as many questions they can and ask you to provide every shred of evidence or documentation. Not experienced it myself but someone on here said they had. 2 years plus for it to get dropped. I'm guessing if they've got you bang to right it will be quicker.

They'll be all over your client, your agent and your paperwork like a rash. They'll find out what they want to know, make no mistake.