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Contracting to a consultancy

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    Contracting to a consultancy

    I may have the opportunity to contract to a consultancy in the near future. It wouldn't be work for a specific project or piece of work, however - it would be more like a 30 day piece of work, to work on one or more than one project of the consultancies choosing.

    I don't think that I would have the right to be able to pick and choose which of their projects I could work on - they would expect me to work on the projects that they want me to work on.

    Assuming a decently worded contract that would indicate outside IR35, would the working conditions of the client choosing the projects etc. count as too much direction and control to make the work inside IR35?
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    #2
    Originally posted by TheFaQQer View Post
    Assuming a decently worded contract that would indicate outside IR35, would the working conditions of the client choosing the projects etc. count as too much direction and control to make the work inside IR35?
    I would be worried about that too. It sounds too much like a contract of service not a contract for services.

    Just my thoughts. I am not an expert on this!

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      #3
      I don't believe it would. You're providing an umbrella consultancy to come and help them in a specific area of their business, service delivery, project management or whatever your skill base is. The fact you are being asked by the client to look at different areas/projects they are struggling with would not make it look like your an employee, more like you the specialist being asked to sort out areas that need your expertise.

      No one can expect a company to take you on when they have a number of issues and then let you just go in a pick something to do surely. That sounds completely unworkable and does not fulfil the actual need they had.

      I guess even if it is to work on one project I still don't think that would put you in IR35 from what I can see. It's arguable of course but you are providing a fix term, fix scope piece of work and then it ends. If it ends early you can leave. That doesn't make you look like a hidden employee either. Obviously there are a lot of other aspects and mitigating circumstances but it's still not a dead cert to be in IR 35.

      Sounds ok to me as long as the contract is suitably worded as well. No office times, wooly location, no requirement to use co equipment except where security dictated and the normal marlarky...
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