There are a number of disadvantages of going back to your old employer. If you go back to your old department and do what you did before, it would be difficult to argue you are outside IR35. You would have to go a step further, for example you could agree a fixed price contracts, do work away from the premises. It's much more difficult to be outside IR35 when you've been somewhere a long time because you become too integrated. Your boss will probably giving you things to do on a daily or weekly basis, which would be a real no no. Unless you can negotiate something quite different then perhaps you maybe better off just accepting it is inside IR35.
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Contract job in my previous permanent company
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Originally posted by SueEllen View PostThe OP needs to confirm it is exactly the same job not a similar one.
And that can only be done by talking to the client, their ex-employer.
Also the more bits of paper they have to prove that it's not the same role i.e. their old contract of employment with verbal back up from the client would help them.
You only need the client to say "oh, we'd never have let him use a sub - none of our employees do!" or similar and there goes that clause.Comment
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I'd probably go through an Umbrella and be done with it..."I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
- Voltaire/Benjamin Franklin/Anne Frank...Comment
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