can other peoples' working practices affect your IR35 status?

[cojak]

My client actually says "Cojak - oh she's always been a bit odd, she never goes on holiday, she just says she's unavailable. And she always uses Cojak Ltd email when sending her invoices, never ours. And she always rejects our Company All Hands meetings. And..."

[Alan @ BroomeAffinity]

It only takes the client to say "oh yes, he was just like the others, and it was like they all worked for us" to blow the case out of the water.

But why would they, if your working practices are clearly different? As Cojak says (kind of), if your WP's are markedly different from the others then you would stand out and the client guy would say "No, he's nothing like the rest of them"

Having said that, IMO, the other contractors' working practices might increase your chances of an investigation - if one guy at your client gets a pull and fails on IR35 it stands to reason that HMRC will then look to all the other contractors at that client and investigate them. That's not to say they would be successful but you can see why they would have a look.

[expat]

But why would they, if your working practices are clearly different? As Cojak says (kind of), if your WP's are markedly different from the others then you would stand out and the client guy would say "No, he's nothing like the rest of them".

Which client guy? HR? If they ask HR, they will probably peg you as an employee because that's all they know and certainly all they want.

[Beefy198]

But why would they, if your working practices are clearly different? As Cojak says (kind of), if your WP's are markedly different from the others then you would stand out and the client guy would say "No, he's nothing like the rest of them"

Having said that, IMO, the other contractors' working practices might increase your chances of an investigation - if one guy at your client gets a pull and fails on IR35 it stands to reason that HMRC will then look to all the other contractors at that client and investigate them. That's not to say they would be successful but you can see why they would have a look.

You're assuming that people understand/know about the world of contracting.

They don't.

In an investigation I'm sure "colleagues" and HR would all talk about you like you were a permanent member of staff, about how you attended meetings and ate in the staff canteen etc.

You can't expect them to understand about IR35. If you were to mention it to most people in the UK they would think you were talking about some bad local punk band.

[NickFitz]

You can't expect them to understand about IR35. If you were to mention it to most people in the UK they would think you were talking about some bad local punk band.

Atrocious Birmingham "reggae" band.

FWIW, when I was at a ClientCorp where the whole department (not just the team I was working with) went off for a picnic in St James' Park, I made a point of asking the guy who was responsible for ensuring that I was fulfilling the terms of my contract if this was billable time. He assured me that, from their perspective, my attendance was an important aspect of my contribution to the project for which I had been hired, as it was essential that I participate in the team "bonding" that this occasion presented.

We then spent the rest of the afternoon lying in the sun, slagging off senior management and throwing the occasional frisbee. However, I drank no alcohol, and afterwards returned to the office and did a couple more hours work (also billable).

All in all, it was one of the more pleasant ways of following my client's business processes whilst using up time that allowed me to leave early on Friday. Though with hindsight, I probably should have got them to put those urgent "bonding" requirements in writing

[NickFitz]

And she always rejects our Company All Hands meetings. And..."

I once succumbed to temptation and attended a meeting (not All Hands, just All Engineering Hands) addressed by Jerry Yang.

Luckily, I was just recovering from a cold. After a few minutes I developed a tickly cough and, having had the foresight to locate myself at the back of the room, was able to make a discreet exit in search of a glass of water to ease my troubled throat.

Having soothed my throat, I then popped outside for a fag before returning to my desk and getting some actual work done

[TheFaQQer]

But why would they, if your working practices are clearly different? As Cojak says (kind of), if your WP's are markedly different from the others then you would stand out and the client guy would say "No, he's nothing like the rest of them"

Five years down the line, and the only person they can find works in HR. Do you really expect them to remember that you didn't act like all the others?

As Lisa said, if there is someone from the client saying something like "we wouldn't have accepted a substitute anyway", then there goes that line of defence.

[Chugnut]

Five years down the line, and the only person they can find works in HR. Do you really expect them to remember that you didn't act like all the others?

As Lisa said, if there is someone from the client saying something like "we wouldn't have accepted a substitute anyway", then there goes that line of defence.

If yours and the upper level contract both say they WILL accept a substitute, they can stick their HR numpty's opinion where the sun doesn't shine...

[LisaContractorUmbrella]

If yours and the upper level contract both say they WILL accept a substitute, they can stick their HR numpty's opinion where the sun doesn't shine...

Absolutely right but only if the contract reflects reality i.e. the replacement of your choice would be accepted without question by the client and you know someone with your skills and experience who would be available to replace you if necessary.

[P1mpAndPr0ud]

I would doubt that they would allow, for instance, an unfettered ROS.

Right, time for a numpty question, but its all in the name of understanding...

Isn't an unfettered ROS a bit of a pipe dream?

Using the oft-quoted plumber example, I'm not sue I would allow a plumber to substitute and/or subcontract to another tradesman at will without at least checking him out for myself. To do so could expose you to all sorts of nasty consequences if things went wrong, and I can't see ClientCo's giving this right out too freely.

Thoughts?