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Why clients don't care about IR35

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    Why clients don't care about IR35

    I've been saying for a long time that clients see no need to make changes to their contractor terms because of IR35 and here's a story that proves it:

    Last week I started a new contract. I was interviewed to be placed on a specific new project that they had, which was currently in the design phase.

    The rate was rubbish and the location was inconvenient (both to me and generally) but I was interested by the opportunity, so I said yes.

    When I got there on Monday I was given some general documentation to read and the manager informed me that I would probably be allocated to an ongoing project that was in the "trial" stage. I said nothing, whilst I sounded out the situation with the junior staff.

    Having chatted to them that it appeared that the promised project did not exist in any form (though they did have a working product which was similar) and they had no projects in the design phase.

    Back on the job after a bit more reading, I was introduced to the senior engineer on the "trial" project and he told me that my immediate task was to write some test cases.

    This is a task that I like to avoid at any reasonable cost, so I want to the manager for a chat. He was completely unapologetic about having inflated the opportunity at the interview and made it clear that he expected me to "do the task allocated and lump it". I made it clear that "this was not how I worked". He said that if I felt that way I should go, so I did.

    So, if an employer in a remote location, where there isn't an obvious pool of available engineers, paying rubbish rates, can still manage to keep contractors on board when they over inflate the expectations of the work available, why should they bother about accommodating IR35 concerns?

    PS if anyone want's an embedded engineer to do development work, I'm available (again)

    tim

    #2
    In this business it's PLR, (Project, Location, Rate) and you should be aiming for 3/3 or at least 2/3.

    Not sure about the IR35 bit, but even if the project sounded good, there was still Bad location and Bad rate, so why did you bite Presume business must be bad at the mo, due to the bad economic news.

    Now you have nothing. Unless it was really bad, maybe you could have stayed until somethingelse came up and then walked.

    Comment


      #3
      Writing test cases. Yech.
      bloggoth

      If everything isn't black and white, I say, 'Why the hell not?'
      John Wayne (My guru, not to be confused with my beloved prophet Jeremy Clarkson)

      Comment


        #4
        Originally posted by xoggoth View Post
        Writing test cases. Yech.
        Similar thing happened to me years ago. A dev job turned out to be a test role. I kinda went along with it while looking for a new role. A few weeks later, after winding up a permy consultant was lucky enough to get fired with 2 weeks paid notice.

        I think that it's worth sticking around, until finding something else as at least cash is coming in, and you may even get 'gardening leave' if you can get yourself terminated early.

        Comment


          #5
          Originally posted by Turion View Post
          Similar thing happened to me years ago. A dev job turned out to be a test role. I kinda went along with it while looking for a new role. A few weeks later, after winding up a permy consultant was lucky enough to get fired with 2 weeks paid notice.

          I think that it's worth sticking around, until finding something else as at least cash is coming in, and you may even get 'gardening leave' if you can get yourself terminated early.
          This idea can't work if you have nowhere local to live.

          I hate dossing in a B&B and you can't move into a flat if you intend to move in a few weeks.

          tim

          Comment


            #6
            Originally posted by tim123 View Post
            I've been saying for a long time that clients see no need to make changes to their contractor terms because of IR35...
            WHS.

            The big boys at [v.largeclientco] sent the following diktat by email to the whole company on Friday night...

            "With immediate effect, it is company policy that all contractors work 5 days per week from company premises."

            .... and clearly don't give a toss about the large hole this blows in our IR35 defences.

            Comment


              #7
              Originally posted by Tensai View Post
              WHS.

              The big boys at [v.largeclientco] sent the following diktat by email to the whole company on Friday night...

              "With immediate effect, it is company policy that all contractors work 5 days per week from company premises."

              .... and clearly don't give a toss about the large hole this blows in our IR35 defences.
              That sounds like you could construe that as a breach of contract - I'd walk, or get them to take you on as a permie.
              ‎"See, you think I give a tulip. Wrong. In fact, while you talk, I'm thinking; How can I give less of a tulip? That's why I look interested."

              Comment


                #8
                It's a buyers market again. They are calling the shots, treating contractors with contempt, cutting rates mid-contract, terminating those that do not obey.

                Comment


                  #9
                  Originally posted by Moscow Mule View Post
                  That sounds like you could construe that as a breach of contract - I'd walk, or get them to take you on as a permie.
                  Normally I'd agree 100% with you (EDIT: apart from the permie bit,) but in the current climate....
                  Last edited by Tensai; 7 April 2008, 09:23. Reason: Wibble

                  Comment


                    #10
                    Originally posted by DimPrawn View Post
                    It's a buyers market again. They are calling the shots, treating contractors with contempt, cutting rates mid-contract, terminating those that do not obey.
                    I'm seeing the same thing at this IB.

                    Comment

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