Hays contract: PSCToASR_02-12

[quackhandle]

I'd be interested how that looks. e.g. Was there some clause that said "you are under the control of the client", then further along it says, "you are not really under the control of the client, please ignore clause x.y"?

Just curious on how it would look from a legal POV and an IR35 POV.

It was something along those lines it was 18m ago and I would have to dig it out.

TBH I was not sure how HMRC would take it under investigation but my point was at least I was doing something about it, I was trying to get my point across I am a business and should be treated as such. Granted some pimps will be more receptive to this and some will not.

qh

[malvolio]

I think IR35 is there to be a deterrent to keep people from taking the piss and despite what the PCG say, it's worked pretty well at keeping people from incorporating as a LTD company when they are really just a disguised employee.

I think PCG's view is more along the lines that all IR35 has succeeded in doing is scaring a lot of poorly informed workers into paying taxes they almost certainly aren't liable for.

It's stated purpose now -as per a certain Mr Osborne - remains to prevent genuine employees claiming they are businesses to avoid legitimately owed taxes. If people started looking at it from that angle, much of that fear would dissipate and they may start making more rational decisions about how they want to be paid. Using an umbrella is fine for short term contracting, or if you can't be arsed ) with the effort of running a Ltd Co (and many can't, of course, but doing for fear of a tax investigation is IMVHO just silly.

[Edt]

I opted out after I had started work ...

I bet you couldn't. It's a fairly standard clause - if they aren't happy, then they want the right to terminate. Even if they didn't have that clause, then they give you notice and tell you not to come in again - same difference.


That's why you shouldn't have opted out of the agency regulations - you do the work, they have to pay you.

I finally signed the contract more than a week after starting work and although i told them I was only signing it because I knew it was not legal they agreed to that verbally.

The fact is though I cant find anyone including a well known lawyer who claims to be an expert who can quote a successful case, or tell me how to proceed.

Any takers?

[northernladuk]

I finally signed the contract more than a week after starting work and although i told them I was only signing it because I knew it was not legal they agreed to that verbally.

Eh? Have I missed something. What isn't legal? By starting work you accepted it. Signing it later doesn't really mean much.

[Edt]

whats all this about ir 35

I'd be interested how that looks. e.g. Was there some clause that said "you are under the control of the client", then further along it says, "you are not really under the control of the client, please ignore clause x.y"?

Just curious on how it would look from a legal POV and an IR35 POV.

In all my years I have never met a single contractor who had a skirmish with ir 35. the advice I had form very senior accountant was that none of the measures such as decribed here remove you from ir 35 or even necessarily help. If HMRC decide to pursue you they will almost certainly win unless you have a very large stache to fight them with and are willing to loose it. If they dont you have no problem anyhow so stop fretting


Lots of people talk on these forums as though there is a type of contract etc. Not true.
Every contract is an agreement between 2 entities. It is up to you what you acccept. They will not throw away a good contract unless you are really shafting them. Just insisting on fair play wont stop them.
If you are prepared to walk away, then surely you are prepared to stand and fight.

I'm tired now. Work to be done

[northernladuk]

In all my years I have never met a single contractor who had a skirmish with ir 35.

We have one on this forum

the advice I had form very senior accountant was that none of the measures such as decribed here remove you from ir 35 or even necessarily help.

That comment is as bad as your grammar and spelling. How would an accountant know anyway, they are not IR35 specialists.

If HMRC decide to pursue you they will almost certainly win unless you have a very large stache to fight them with and are willing to loose it. If they dont you have no problem anyhow so stop fretting

Utter rubbish. Words fail me. Go do some research.

If you are prepared to walk away, then surely you are prepared to stand and fight.

What on earth are you smoking?

[borderreiver]

That comment is as bad as your grammer and spelling.

Hmm, pots and kettles ...

[northernladuk]

Hmm, pots and kettles ...

You did that on purpose to make me look bad

[borderreiver]

You did that on purpose to make me look bad

It was too big a target to resist

[Antman]

Hmm, pots and kettles ...

And why are you bringing his grandma into this?