Originally posted by Lance
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Has anyone considered running multiple contracts during this?
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Has anyone considered running multiple contracts during this?
Originally posted by jamesbrown View PostNo it didn’t. There was clear evidence of lack of D&C whose absence is sufficient to be outside. The in-business factors were a bonus. Had the sufficient degree of control been present, she would’ve lost.
Something which having two clients provides (assuming they’re don’t have first call of your time).
I have the same. My main client asked me to cancel a business trip for client 2 as they wanted me then. I said no. And have that evidenced. Ergo no D&C.See You Next TuesdayComment
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If it's good for your business, do it. It's what your shareholders would want.The greatest trick the devil ever pulled was convincing the world that he didn't existComment
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Originally posted by LondonManc View PostIf it's good for your business, do it. It's what your shareholders would want.Originally posted by Stevie Wonder BoyI can't see any way to do it can you please advise?
I want my account deleted and all of my information removed, I want to invoke my right to be forgotten.Comment
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Originally posted by Lance View PostLack of D&C was evidenced by the fact that neither client had first call on her time.
Something which having two clients provides (assuming they’re don’t have first call of your time).
I have the same. My main client asked me to cancel a business trip for client 2 as they wanted me then. I said no. And have that evidenced. Ergo no D&C.
LK drives and controls her services and essentially she drives the programme. It is up to her how she presents and the subject matter [...] LK is not bound by ITV’s code of conduct which is for employees [...] They (ITV) couldn’t do anything LK didn’t believe in [...] LK drives the ratings [...] If there was no LK there would be no showComment
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Originally posted by SimonMac View PostShareholders don't want the main source of income to burn outThe greatest trick the devil ever pulled was convincing the world that he didn't existComment
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Originally posted by jamesbrown View PostLK drives and controls her services and essentially she drives the programme. It is up to her how she presents and the subject matter [...] LK is not bound by ITV’s code of conduct which is for employees [...] They (ITV) couldn’t do anything LK didn’t believe in [...] LK drives the ratings [...] If there was no LK there would be no showSee You Next TuesdayComment
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Originally posted by Lance View Postwas that her counsel or the tribunal finding?
http://financeandtax.decisions.tribu...09/TC07045.pdf
We are satisfied that control of Ms Kelly’s work pursuant to the hypothetical contract lay with Ms Kelly. In our view, the level of control falls far substantially below the sufficient degree required to demonstrate a contract for serviceComment
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I think there's a little bit of false dichotomy here. In real life, multiple clients almost always brings with it evidence against SDC and against MOO. If you have multiple clients, you can always find things, like Lance's business trip, that are really useful to have in your IR35 dossier to help you demonstrate, if not a lack of, at least limits to, SDC.
If you've got a reasonable case, multiple clients will probably seal it. In an area with so much subjectivity, having something like that in your arsenal is really useful.Comment
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Originally posted by WordIsBond View PostI think there's a little bit of false dichotomy here. In real life, multiple clients almost always brings with it evidence against SDC and against MOO. If you have multiple clients, you can always find things, like Lance's business trip, that are really useful to have in your IR35 dossier to help you demonstrate, if not a lack of, at least limits to, SDC.
If you've got a reasonable case, multiple clients will probably seal it. In an area with so much subjectivity, having something like that in your arsenal is really useful.Comment
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