How long is too long?

**pmeswani** · 15 April 2011, 08:37

Originally posted by MankyManning View Post

Been in this contract for nearly 3 years now. Probably okay until the end of the year and the rate is pretty good. Work is okay but skills slightly stagnating as the product I work with has moved on, I am supplementing with additional external work in the new version though so my CV will be up to date.

What would you do? Are there dangers IR35 wise in being in one place so long? Hard to give up without being pushed when the money is good....

I don't think IR35 has anything to do with the length of service (I think you may be referring to the 2 year rule when it comes to claiming expenses). IR35 only comes into play when it comes to your contract or your working practices.

If you are happy with the rate, stick with the role until it dries up. But keep an eye out for new opportunities at the same time.

**Support Monkey** · 15 April 2011, 08:45

Originally posted by MankyManning View Post

Been in this contract for nearly 3 years now. Probably okay until the end of the year and the rate is pretty good. Work is okay but skills slightly stagnating as the product I work with has moved on, I am supplementing with additional external work in the new version though so my CV will be up to date.

What would you do? Are there dangers IR35 wise in being in one place so long? Hard to give up without being pushed when the money is good....

Its tricky you want the money and in some respects the stability but the downside is you worry about the skills getting out of date, i look at it this way its got me through the downturn last year, year before so it was good from that point of view and IR35 is no issue (who really knows) and i do work outside of the current contract which i invoice through the company and try and keep the skills up doing courses when i can

**MankyManning** · 15 April 2011, 15:00

Fair enough I'll probably stick with it for the time being, could do without having to work away from home at the moment anyway which would be a risk in finding a new contract.

Thanks for the replies.

**northernladuk** · 15 April 2011, 15:13

In theory the number of years should not be an IR35 indication. There are many suppliers that have been contracted to clients for 10's of years. You should not be penalised for doing good work and keeping yourself with a client IMO .. but... I would re-check your contract and the situation in your office. It is pretty easy to get a contract that is outside of Ir35 and to make sure your working conditions reflect this in the early days of a contract. What I would suggest, from looking at some of the guys that have been here 2 years+, is that you re-check your situation. Have you gotten lazy and started following process, doing work as directed by client that is not in contract, started using their processes without question. Do you now have a permie mentality? If you have your working practices have now fallen inside IR35 regardless of what your contract says.

We have a couple of guys that have been here for a number of years and look more like permies that some of the permie guys do. One of them is manager and just put out a policy that his team come in at 8.30 and canned WFH so appears he has forgotten he shouldn't be following client direction let alone directing contractors working under him.

**jmo21** · 15 April 2011, 16:41

Originally posted by northernladuk View Post

One of them is manager and just put out a policy that his team come in at 8.30 and canned WFH so appears he has forgotten he shouldn't be following client direction let alone directing contractors working under him.

Does he work through a ltd? Maybe he's happy declaring inside IR35.

How long is too long?