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Inside IR35 - should end client pay unconditionally for contractor being available?

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  • velcro
    replied
    Charge it

    Leave a comment:


  • northernladuk
    replied
    Need to check your contract. I expect it will still say you are paid per day and they can still let you go. You are still a temp resource to them regardless of your tax situation. "deemed employee" is misleading you. You have none of the benefits of an employee. You are still a contracted resource just with a different tax situation.

    Leave a comment:


  • Inside IR35 - should end client pay unconditionally for contractor being available?

    A semi-hypothetical question - all opinions (informed and otherwise) welcome.

    Imagine a contractor starts an inside IR35 contract working through an umbrella, but is initially unable to perform their duties due to an issue that originates with the client, and needs to be resolved by the client. Given that the contractor is a "deemed employee", would this place any obligation on the end client to pay for that contractor's time whilst this issue is being resolved, despite the fact that the contractor is not providing services or value during this period?

    I'd say that in an outside IR35 situation, it would be natural and expected for the contractor to take it on the chin, and take an unpaid step back until the end client is able to resolve the issue. But would the fact that a contract is inside IR35 change things somewhat?

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