IR35 again

[suityou01]

Breathtaking ignorance in this thread. Complacency is not a defence.

[DiscoStu]

Breathtaking ignorance in this thread. Complacency is not a defence.

Are you planning on answering TF's question?

[suityou01]

Are you planning on answering TF's question?

It's just quite tiring having to explain over and over again.

[DiscoStu]

It's just quite tiring having to explain over and over again.

He's given you multiple choice options, it can't be that hard

[suityou01]

He's given you multiple choice options, it can't be that hard

The problem is he missed one.

Let me explain.

MyCo has a contract with the agency. Then the agency has a contract with the end hirer.

You assume the clauses in your contract with the agency are mirrored across.

So for example let's say the agency don't mirror your substitution clause. Because the client says they want it taken out. Again this is hypothetical.

So along comes HMRC and asks the end hirer if your substitution clause is enforceable.

Your destiny is in the hands of someone working for Clientco that may not give a toss or understand what is happening.

So you've filled out your annual leave request and Clientco demonstrates your substitution clause is a sham.

Then you're hanging on by a thread hoping and praying MOO doesn't test positive.

So now do you see why a piece of paper with some clauses on is a flimsy defence?

[SpontaneousOrder]

The problem is he missed one.

Let me explain.

MyCo has a contract with the agency. Then the agency has a contract with the end hirer.

You assume the clauses in your contract with the agency are mirrored across.

So for example let's say the agency don't mirror your substitution clause. Because the client says they want it taken out. Again this is hypothetical.

So along comes HMRC and asks the end hirer if your substitution clause is enforceable.

Your destiny is in the hands of someone working for Clientco that may not give a toss or understand what is happening.

So you've filled out your annual leave request and Clientco demonstrates your substitution clause is a sham.

Then you're hanging on by a thread hoping and praying MOO doesn't test positive.

So now do you see why a piece of paper with some clauses on is a flimsy defence?

Do you have to fill in a form to request a day off sick?

I'm with suity on this one. Just letting them know you won't be around should be sufficient. They can always record it as 2 weeks worth of 'sick days' if they like.

[darmstadt]

So now do you see why a piece of paper with some clauses on is a flimsy defence?

So why bother having a contract in the first place?

[eek]

So now do you see why a piece of paper with some clauses on is a flimsy defence?

You mean you don't document things that demonstrate the difference as you go along with confirmation from the client

However, what I find really worrying is the fact you annoy the client so much that they don't say bugger off when HMRC ask stupid questions..

[mudskipper]

I'm with suity on this one. Just letting them know you won't be around should be sufficient. They can always record it as 2 weeks worth of 'sick days' if they like.

I don't think that was ever in question.

However, the question here is what you would do if, despite your protestations, the client insisted the leave form was filled out with no room for negotiation.

Would you fill it out or lose the gig?

[eek]

I don't think that was ever in question.

However, the question here is what you would do if, despite your protestations, the client insisted the leave form was filled out with no room for negotiation.

Would you fill it out or walk away?

FTFY.

Don't forget he walked away when asked to fill in the form. Suity didn't stay to find out what the client would do when he took announced time off without the form being filled in...