IR35 again

[suityou01]

The difference seems to be that when they refused, the client said "OK, we'll work round that", but when you refused they terminated the contract.

If the agency contract ended because of a breach in contract terms, and you are a PCG+ member, then you can claim up to £1000 on their insurance, which is why I asked a couple of times whether that would apply to you.

You are very very confused. The client did not offer to work around anything. The client was the problem.

Other contractors were caught out by this and were equally poorly treated.

Eek you are an ubertwat.

[eek]

You are very very confused. The client did not offer to work around anything. The client was the problem.

Other contractors were caught out by this and were equally poorly treated.

Eek you are an ubertwat.

That's possible.

You however seem to be a paranoid fool who has made himself unemployable in the UK....

[TheFaQQer]

You are very very confused. The client did not offer to work around anything. The client was the problem.

Evidently for some suppliers, the customer did work around their insistence that all absences complete the form:

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

[suityou01]

There big thing was that agency workers are different to consultancy firms.

How on earth is there failure to understand industry regulations my fault?

[eek]

Evidently for some suppliers, the customer did work around their insistence that all absences complete the form:

I raised that point earlier and suity didn't reply as he doesn't know.

My guess is that either someone was filling the form in for the consultants or someone was feeding their availability in at a different level. In either case its probably irrelevant to anyone other than Suity.

I'm still trying to find out if Suity was shown the door for refusing to fill in the form or simply because they had finally got utterly fed up with him being an annoying awkward sod...

[TheFaQQer]

There big thing was that agency workers are different to consultancy firms.

How on earth is there failure to understand industry regulations my fault?

their

For someone who throws the word "illiterate" around so often, you might want to check what you write every so often.

[TheFaQQer]

Well now. Any client that refuses to listen to reason, negotiate or discuss these matters I do not trust to support my substitution clause if HMRC if they come a knocking.

Just to be clear, your opinion that you now failed on all three parts of IR35 was based on:

• being made to complete an absence form indicates a level of direction and control
• you didn't trust the client to say the right thing in the event of an investigation, re. RoS
• you didn't want to just rely on lack of MoO as an IR35 defence

and so you got into a situation where the client terminated the contract and you left with nothing to go to.

[suityou01]

Just to be clear, your opinion that you now failed on all three parts of IR35 was based on:

• being made to complete an absence form indicates a level of direction and control
• you didn't trust the client to say the right thing in the event of an investigation, re. RoS
• you didn't want to just rely on lack of MoO as an IR35 defence

and so you got into a situation where the client terminated the contract and you left with nothing to go to.

And more besides but that's the basics, yes. We finally got there.

We could also add the an IR35 specialist lawyer looked into this and said it was proper dicey and not to capitulate.

Personally I think it was contractor envy from a couple of key players. I was tipped off about one of them slagging off contractors as being overpaid tax evaders or words to that effect.

But I'll let eek carry on in his paranoid delusional dream state. He seems happy enough.

[original PM]

Is Suity that bad??

Is he really that contractor we have all met who comes in does nothing postive, p*sses everyone off, makes accustaions about everyones else's failings and then goes after 3 months?

I am not sure I think he is much better than that..

[eek]

And more besides but that's the basics, yes. We finally got there.

We could also add the an IR35 specialist lawyer looked into this and said it was proper dicey and not to capitulate.

Personally I think it was contractor envy from a couple of key players. I was tipped off about one of them slagging off contractors as being overpaid tax evaders or words to that effect.

But I'll let eek carry on in his paranoid delusional dream state. He seems happy enough.

So as I stated earlier today

You only need 1 out of moo, substitution and d&c to be out of ir35 see IR35:Substitution, control and mutuality of obligation :: Contractor UK

So both you and your ir35 lawyer believed that you had a mutual obligation and no right of substitution yet took the original contract

Considering that you accepted a renewal at this place why did you renew when you knew the substitution clause was worthless....