Interesting week ahead

[scooby]

Currently in a gig up for renewal at end of the month, 6-12 mth extension on the table. Good rate, working from home, but away 1 or 2 nights per week (so expenses involved + young family etc).

I went perm for 15mths, and left in Sept for this gig, now ex-employer want me back on a specific contract / client to do my old job but on daily rate. daily rate is approx £100 lower than current. 12mth contract, home working most of week, no over nighters.

Now, after expenses, daily rates are about the same (well, may lose about £30 per day on new contract) so will be taking the new gig due to no travel and I loved the job. Problem is, they dont like to change the contracts as their legal team and resource solutions have "approved" the contract. I've pointed out that doesnt make it suitable and i will be having it reviewed.

Now Qdos have done a great job and given two points to change, as it currently fails IR35. these points are simple and are about not using the word "reporting" but using "liaise" instead. This has been fed back to them... I've a feeling they wont change it, and they think that i "need" this gig. I dont, I just prefer it.

Lets see how much they try to push back Anyway, I may be offering up a substitute for current gig so may be touting on here. Details to come later, as you never know who is listening!

[northernladuk]

I am not having a go here, I know that you know IR35 well enough and to be honest I would probably do exactly the same as you in the situation given... but I would be constantly looking over my shoulder for IR35 in that position. Regardless of how well I word my contract that situation would make me nervous. I just can't convince myself that if that went to court it would stand a chance of standing up. There are just too many flag words in there for me.

[scooby]

I am not having a go here, I know that you know IR35 well enough and to be honest I would probably do exactly the same as you in the situation given... but I would be constantly looking over my shoulder for IR35 in that position. Regardless of how well I word my contract that situation would make me nervous. I just can't convince myself that if that went to court it would stand a chance of standing up. There are just too many flag words in there for me.

The thing, the working practices are really very much in my favour. I have full control outside of governance frameworks etc, provide mobile phone and equipment, able to say no to work outside of my direct project, would be able to sub etc.

Or is it the previous employer bit that concerns you (my only concern too if honest, but not sure how the IR35 comes in to play...)

[TheFaQQer]

I am not having a go here, I know that you know IR35 well enough and to be honest I would probably do exactly the same as you in the situation given... but I would be constantly looking over my shoulder for IR35 in that position. Regardless of how well I word my contract that situation would make me nervous. I just can't convince myself that if that went to court it would stand a chance of standing up. There are just too many flag words in there for me.

If the wording and the working practices are in favour, then I'd probably go for it.

Whatever, I'd make sure I either had PCG+ or Qdos TLC. Probably both, actually.

[scooby]

If the wording and the working practices are in favour, then I'd probably go for it.

Whatever, I'd make sure I either had PCG+ or Qdos TLC. Probably both, actually.

is it the previous employment thing?? Was looking at TLC just tonight. at £360 its well worth it I think.

[northernladuk]

If the wording and the working practices are in favour, then I'd probably go for it.

Whatever, I'd make sure I either had PCG+ or Qdos TLC. Probably both, actually.

Of course you would if both were in favour, you would be daft not to. It is just that on paper it looks like exactly what IR35 is meant to cover. To me it almost seems you are guilty until proven innocent and are on the backfoot to start. I can't explain it, it kinda made me suck in when I read the post first that is all. I can't really put a finger on it and yes as long as working practice and contract say out then your out.. Just... well... long contract, ex employer same job, HR not sympathetic to contractors position...

I would go for it in OP's position but by god I would be anal about working practices.

[TheFaQQer]

is it the previous employment thing?? Was looking at TLC just tonight. at £360 its well worth it I think.

My concern about the previous employment would be the worry about what might be said by the "employer" in any investigation by HMRC. They only have to mention employment terms a few times, and you're toast.

PCG+ will provide cover for any investigation. TLC will provide cover for the investigation plus any penalties. It's been discussed before (and no doubt Mal will be along to tell you it's a waste of money, insuring something that will never happen), but to me, the price is worth the peace of mind.

[scooby]

Of course you would if both were in favour, you would be daft not to. It is just that on paper it looks like exactly what IR35 is meant to cover. To me it almost seems you are guilty until proven innocent and are on the backfoot to start. I can't explain it, it kinda made me suck in when I read the post first that is all. I can't really put a finger on it and yes as long as working practice and contract say out then your out.. Just... well... long contract, ex employer same job, HR not sympathetic to contractors position...

I would go for it in OP's position but by god I would be anal about working practices.

You know, I had a long talk with the ex-boss when he called me. As a perm, they abused me as I wouldnt say no, and I became the go-to man. Told him this contract is different, it is for a defined client and location, anything additional is to be discussed and treated totally separate, with new contract if needed etc. I know he will leave me to it to deliver in the way i want, as thats how it worked previously. Im trusted by him, which is why he's come back to me. We discussed the term, and we agreed 220 days (1yr project) and work as and when i want as i only bill when working, but obviously i need to agreed milestones in my plan.

Basically, he gets it and how I need it to work. he has been freelance, and his Mrs is currently freelance. I'm really comfortable with the working practice, but there is always the HR aspect, but they are not involved.

I've had the Qdos review, done the working practice questionnaire. I think the insurance is the way forward regardless. However, as good contractor does, I have many irons in the fire and I will take what i believe is the best offer on the table

[TheFaQQer]

You know, I had a long talk with the ex-boss when he called me. As a perm, they abused me as I wouldnt say no, and I became the go-to man. Told him this contract is different, it is for a defined client and location, anything additional is to be discussed and treated totally separate, with new contract if needed etc. I know he will leave me to it to deliver in the way i want, as thats how it worked previously. Im trusted by him, which is why he's come back to me. We discussed the term, and we agreed 220 days (1yr project) and work as and when i want as i only bill when working, but obviously i need to agreed milestones in my plan.

Basically, he gets it and how I need it to work. he has been freelance, and his Mrs is currently freelance. I'm really comfortable with the working practice, but there is always the HR aspect, but they are not involved.

I've had the Qdos review, done the working practice questionnaire. I think the insurance is the way forward regardless. However, as good contractor does, I have many irons in the fire and I will take what i believe is the best offer on the table

If the working practices are as good as they sound (and it helps having someone there who knows what to do and say), then the wording in the contract becomes less important.

Take it.

[EvilGazebo]

QDOS just mailshotted me with the TLC application form (which was worth the stamp as I have considered it).

But one of the qualifying questions is "have you ever worked for the client as a perm" or some such. Makes it a no no for me and, by the sounds of it, for you?