IR35 again

[suityou01]

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[eek]

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Assuming that's based on my question


How are project managers supposed to plan when they don't have a standard format for resource availability?

[cojak]

Assuming that's based on my question


How are project managers supposed to plan when they don't have a standard format for resource availability?

Quite.

I inform the PM via email that I'm not available to the client for a particular duration and I save said email. I then use the standard format for resource availablity to inform the system.

I dont see that as D&C.

[suityou01]

And now how about being forced to complete a form called "annual leave request" and on the form there is a field for "line manager" and a field for his/her boss.

They then approve or reject the request and you get an email.

You have to do this. Just like the employees.


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[TheFaQQer]

Quite.

I inform the PM via email that I'm not available to the client for a particular duration and I save said email. I then use the standard format for resource availablity to inform the system.

I dont see that as D&C.

+1

Completing a form for processing once you have already informed the client that you won't be there doesn't become direction and control.

[TheFaQQer]

And now how about being forced to complete a form called "annual leave request" and on the form there is a field for "line manager" and a field for his/her boss.

They then approve or reject the request and you get an email.

You have to do this. Just like the employees.


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1) If they do it for everyone, then it's not a differentiating factor between employees and contractors. Therefore it can't be used as an indicator.

2) HMRC would need to prove D&C, lack of MOO and lack of RoS, so to walk away from a contract based on a worrying interpretation of direction and control seems silly.

3) Even if you accepted being controlled, having some mutuality of obligation and not having a right of substitution, would 100% inside IR35 income not outweigh 100% no income?

[suityou01]

There was a differentiating factor. Agency contractors and employees had to complete this form.

Consultants, working there solidly for months did not have to do this.


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[DiscoStu]

1) If they do it for everyone, then it's not a differentiating factor between employees and contractors. Therefore it can't be used as an indicator.

2) HMRC would need to prove D&C, lack of MOO and lack of RoS, so to walk away from a contract based on a worrying interpretation of direction and control seems silly.

3) Even if you accepted being controlled, having some mutuality of obligation and not having a right of substitution, would 100% inside IR35 income not outweigh 100% no income?

This is a SY01 thread, there's no room for your rational thought and reasoning here

[TheFaQQer]

This is a SY01 thread, there's no room for your rational thought and reasoning here

I'm sure I'm wrong and Suity is right. I'm just waiting for the penny to drop for me to realise why it's better to walk for absolutely no reason and earn nothing than stay and earn something.

[cojak]

And now how about being forced to complete a form called "annual leave request" and on the form there is a field for "line manager" and a field for his/her boss.

They then approve or reject the request and you get an email.

You have to do this. Just like the employees.


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Really? The wording of a form?

I would leave a contract if my unavailablity was refused (actually, I would be unavailable for the duration specified and then let them terminate my contract) or if D&C was attempted, or they tried to move me from out of the project for which I was taken on;
you know, for trying to turn me into an employee.

In the meantime, I will log all clear water between myself and the client, keep up-to-date with my PCG+ and carry on.