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Warning / Advice on Potentially Fake 'Outside IR35' Contracts

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    #21
    Update
    Client called me, they offered a finders fee to the agency in order to take me on directly.

    So finally I got to ask about working practices. Client would want me working 37.5 hours every week and to be office based, working as a member of their team. They wouldn't be happy with me servicing other clients during regular working hours, even at a low level.

    Client hasn't understood IR35 (or they have, and this was their final stab at getting me in on inside IR35 terms).


    Summary

    The agency knew all along that this was an inside IR35 requirement, and tried to fudge it into an 'outside IR35' role in order to provide the client with what they wanted in terms of working practices and budget.

    So: Beware Fake Outside IR35 roles and the nasty contract clauses + blurry working practices which come with them.
    Last edited by ElDuderino; 11 March 2020, 15:33.

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      #22
      Originally posted by ElDuderino View Post
      Update
      Client called me, they offered a finders fee to the agency in order to take me on directly.

      So finally I got to ask about working practices. Client would want me working 37.5 hours every week and to be office based, working as a member of their team. They wouldn't be happy with me servicing other clients during regular working hours, even at a low level.

      Client hasn't understood IR35 (or they have, and this was their final stab at getting me in on inside IR35 terms).
      Sounds like they don't need to understand IR35. The want a temp permie. All they need to understand is how to issue an inside SDS and get on.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #23
        I'm just left annoyed at myself for dealing with agencies after 5 years not doing contracting and 10 not doing permie employment, and left out-of-pocket whilst I've been battling with an agent over correct determination, only for it to have been an inside IR35 role all along.

        My view was that contracting should be up my street again now and could be a welcome source of projects and regular income.


        I suspect though that we're going to need to see a die-off of traditional recruitment agencies and a birth of service-focused, highly-knowledgeable networkers who understand particular tech domains and what outside IR35 is really about, and can correctly sell to & advise clients.


        As it is, I'm suspecting a lot of traditional agencies might try this fudging, wool-pulling approach on as a way to win business from clients who are still traditionally-minded, but don't want to pay the extra 1.5x rate for an inside IR35 contractor.

        And so I think proper consulting-minded contractors do need to be pretty eagle-eyed about this.
        Last edited by ElDuderino; 11 March 2020, 16:10.

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          #24
          Originally posted by northernladuk View Post
          Sounds like they don't need to understand IR35. The want a temp permie. All they need to understand is how to issue an inside SDS and get on.
          Or go to Office Angels and hire a temp, the good old fashioned way

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            #25
            Originally posted by ladymuck View Post
            Or go to Office Angels and hire a temp, the good old fashioned way
            Funny you mention them. I rang and applied to them when I was on the bench for the long time and they didn't respond. I got dumped by Office Angels..... that didn't help my mood any.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

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              #26
              Originally posted by northernladuk View Post
              Funny you mention them. I rang and applied to them when I was on the bench for the long time and they didn't respond. I got dumped by Office Angels..... that didn't help my mood any.
              You're no angel...

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                #27
                Originally posted by ElDuderino View Post
                Update
                Client called me, they offered a finders fee to the agency in order to take me on directly.

                So finally I got to ask about working practices. Client would want me working 37.5 hours every week and to be office based, working as a member of their team. They wouldn't be happy with me servicing other clients during regular working hours, even at a low level.
                Role is back on Jobserve being advertised as outside IR35...

                Comment


                  #28
                  Originally posted by ElDuderino View Post
                  Role is back on Jobserve being advertised as outside IR35...
                  I think it's now time to name the agency...
                  merely at clientco for the entertainment

                  Comment


                    #29
                    Originally posted by eek View Post
                    I think it's now time to name the agency...
                    Maybe. What's the mods' policy on that?

                    Anyone successfully sued an agency for loss of earnings or such?

                    Comment


                      #30
                      No

                      Mods policy depends on what time of what day so the question is.. Do you feel lucky punk?
                      'CUK forum personality of 2011 - Winner - Yes really!!!!

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