Offered Fixed Term: Need Advice

**Drewster** · 4 February 2010, 09:56

Originally posted by BlackenedBiker View Post

Ok this is a weird one:

I have been working for clientco for coming up to a year.

They have offered me a job previously which I turned down (obvs )

Management want me to stay on, but the legals/HR are saying that company policy is that they will not employ a contractor for more than 1 year continuously. I have given them all the info from PCG re: Muscat etc, but to no avail.

So the management are now offering me the option of a fixed term contract, where I will work directly into them and not for my own Ltd Company. The contract length would be over 12 months, perhaps 3 years. They have waved the carrot of training (I am keen to do MBA and perhaps TOGAF)

I need to know is this a goer at all and also what will be the tax implications and therefore what do I need to consider when working out salary etc.

What would be my rights on a fixed term contract if any and how would it make the last 12 months look in terms of IR35 from the HMRCs perspective??

Thanks in advance...

And this isn't a permie job because....... you don't get permie "rights"????

**Moscow Mule** · 4 February 2010, 10:13

Originally posted by Drewster View Post

And this isn't a permie job because....... you don't get permie "rights"????

Except you do now...

This sounds like a name your price permie role. I'd have a look here, and work out what your price is.

**northernladuk** · 4 February 2010, 10:28

Yep sounds just like these new permie contracts so all the tax/benefits as those on that side of the fence.

I would becareful about the training etc.. you often DO NOT get all the benefits though. Oddly enough people on these type of contracts at BUPA do not get healthcare.. like wtf is that all about lol It is quite possible expensive training will also be off the bill. You are still a temp worker to them and not someone to be invested in long term!

The way most people get round this is switch agents to the one that is supplying a Managed Service contract. This was the system to get around the 2 year/1 year rules and budget issues. By doing this you come off headcount and out of the cross hairs for a time. You effectively become contracted to the MS provider and a bit of fudging at the clients end means budget is redirected this.

Your agent will have to do some dealing with the Managed Service supplier so they all get their cut but it has worked in the past at my last gigs.

**BlackenedBiker** · 4 February 2010, 11:00

Originally posted by Moscow Mule View Post

Except you do now...

This sounds like a name your price permie role. I'd have a look here, and work out what your price is.

Okay so I looked here and with regards to salary WOW they would need to pay me a lot.

Damn this recession otherwise I would just tell them to cram it and find another contract.

**rootsnall** · 4 February 2010, 11:07

Originally posted by BlackenedBiker View Post

Okay so I looked here and with regards to salary WOW they would need to pay me a lot.

Damn this recession otherwise I would just tell them to cram it and find another contract.

I think you've worked it out ! They are trying to pay you a lot less but at the same time exclude you from permie benefits.

**cojak** · 4 February 2010, 11:40

Originally posted by rootsnall View Post

I think you've worked it out ! They are trying to pay you a lot less but at the same time exclude you from permie benefits.

Yep - all of the negatives and none of the positives..

**Ruprect** · 4 February 2010, 12:02

Don't do it. Really, don't. You'll regret it

**SueEllen** · 4 February 2010, 12:14

Check the notice clause.

**NeverBeenNorthOfTheM25** · 4 February 2010, 13:00

Mate, you might as well just offer them some lube and get it over with!

Offered Fixed Term: Need Advice