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IR35 fight back?

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    IR35 fight back?

    Current client co are very clued up on IR35 to the point I'm now aware of two different contractors sending in substitutes to complete work on their respective contracts. Anyone else seeing such a fight back or are other companies rolling over and making the determinations inside?

    Make Mercia Great Again!

    #2
    Originally posted by BlueSharp View Post
    Current client co are very clued up on IR35 to the point I'm now aware of two different contractors sending in substitutes to complete work on their respective contracts. Anyone else seeing such a fight back or are other companies rolling over and making the determinations inside?
    How is a company following the process properly a fight back? Where is the fight? Them doing something properly?

    You've picked a client that's got a clue and that's that. Plenty of them around. No fightbacks going on.

    I have to say sending in a substitute is extremely rare so having two doing it would be raising my suspicions. Are they really doing it properly for the right reasons and is a true substitute to the client or are they both fudging the process just for evidence to say they've done it. Using buddies or even each other or something daft. Sounds highly unusual that.
    Last edited by northernladuk; 22 June 2021, 11:42.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #3
      Depends on the company.

      If contractors stood together and refused Inside work, there'd be a lot more Outside to go around.

      I'm doing my bit - are you?
      ⭐️ Gold Star Contractor

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        #4
        Originally posted by northernladuk View Post

        How is a company following the process properly a fight back? Where is the fight? Them doing something properly?

        You've picked a client that's got a clue and that's that. Plenty of them around. No fightbacks going on.

        I have to say sending in a substitute is extremely rare so having two doing it would be raising my suspicions. Are they really doing it properly for the right reasons and is a true substitute to the client or are they both fudging the process just for evidence to say they've done it. Using buddies or even each other or something daft. Sounds highly unusual that.
        One was holiday cover the other is to the completion of the current contract as they found something better. The later was basically; I'm off I have this sub lined up who is competent and can do the work I'm going to send him in as a Sub if not here is my notice. Turns out he was right and saved us the hassle of interviewing someone else.

        As I asked in the OP is this a rarity or signs of more clients getting clued up and the start of a client led fight back.
        Last edited by BlueSharp; 22 June 2021, 11:52.
        Make Mercia Great Again!

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          #5
          Clients do seem to be getting more switched on to the fact that they need to be offering proper Outside contracts. I'm seeing more Out than In gigs coming along recently. Currently on an Outside contract myself.
          Do what thou wilt

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            #6
            Originally posted by Dark Black View Post
            Clients do seem to be getting more switched on to the fact that they need to be offering proper Outside contracts. I'm seeing more Out than In gigs coming along recently. Currently on an Outside contract myself.
            Slim pickings in my areas. Majority inside with a few outside which is totally in line with what I expected to be fair. I am hoping that only taking inside is going to bite them on the ass with getting poor resources and people jumping ship for outside gigs so the balance will change over the coming year or so. I really think it's too early for any signs of progress though. We are only 3 months in and that's the bear minimum for most contracts so they first raft of insiders haven't even finished their first gig.
            Last edited by northernladuk; 22 June 2021, 12:52.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

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              #7
              Hasn't been the wipeout some expected (I haven't had to take an inside contract for example) but it remains to be see what the HMRC's policing of it will be like. A few high profile cases could make clients take a safety first approach.

              That said I think some clients like the fact they have resource doing work that isn't employed by them and can be 'managed' (for the want of a better word) differently from permanent employees and will fairly fiercely guard anything that keeps it that way.

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                #8
                One of my clients is only interested in work where there is an agreed SoW.
                Which suits me fine as I can bat back the usual tulipe as out of scope.
                They're the most clued up but I see it becoming more common.
                See You Next Tuesday

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                  #9
                  Originally posted by BlueSharp View Post
                  Current client co are very clued up on IR35 to the point I'm now aware of two different contractors sending in substitutes to complete work on their respective contracts. Anyone else seeing such a fight back or are other companies rolling over and making the determinations inside?
                  Was it it a bank ??

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