Direction & control - good example

[psychocandy]

At the risk of sounding like I'm moaning again (I'm not) but heres a good example of direction and control I guess.

Client wants one person in each team (inc contractors and permies) to be the contact person for the day. This means you've got to monitor the systems, and can't even leave your desk to go to the toilet without handing over to someone else.

BTW - its not air traffic control I work in in case you were wondering. Overkill indeed and, as you can imagine, its not gone down well with all involved.

Luckily, only 8 week contract but I think we can safely say that IR35 would be a worry with this one.... I guess I better save some money just in case. Unlikely, but I really can't see how I'd get out if this one. Contract passed the review but, of course, IR25 lives and dies on working practice which are all wrong here.

I guess general opinion is IR35 screwed on this one? :-(

[LisaContractorUmbrella]

I guess general opinion is IR35 screwed on this one? :-(

Yep (sorry)

[The Spartan]

Squeaky bum time then

[Bronco Billy]

Not necessarily.

It depends on the other factors too, RoS and MoO.

Did you feel that you were outside IR35 before this request came along ? If so, I'd try and get the client to clearly define this "monitoring" role in an email. (If it's not already in the initial contract).

[Martin at NixonWilliams]

I guess general opinion is IR35 screwed on this one? :-(

It does sound like control, but I wouldn't say it's clear cut. If you still have complete control over the methods used when doing your work you might still be ok.

Plus, as mentioned above, HMRC would still need to prove ROS & MOO even if control was a clear fail on your part. You only need to prove one, HMRC must prove all three.

[Qdos Contractor]

It does sound like control, but I wouldn't say it's clear cut. If you still have complete control over the methods used when doing your work you might still be ok.

Plus, as mentioned above, HMRC would still need to prove ROS & MOO even if control was a clear fail on your part. You only need to prove one, HMRC must prove all three.

WHS

[MyUserName]

Can't you have your contract updated to include this as part of your job spec?

[kevpuk]

<snip> Contract passed the review but, of course, IR25 lives and dies on working practice which are all wrong here.<snip>

Even more worrying, IR25 rears it's ugly head once more.......

[psychocandy]

Cheers all. Thanks for advice.

[TheFaQQer]

If this is part and parcel of the role, then I would still argue that this would apply whether you are a contractor or an employee.

Plus, as has already been said, if you are still exercising a degree of control over exactly what you are doing (ie. they aren't telling you exactly HOW to do it), then I'd use that as a basis for argument that it's not D&C.

Make sure your PCG+ is up to date though.