IR35 again

[suityou01]

See post #17


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[TheFaQQer]

The contract expressly states that there is no d&c.

Then Clientco try and exercise some d&c and I flatly refuse and so the contract is terminated.

Did you know that if you are a PCG+ member, you can claim up to £1000 because an agency fails to honour the contractual arrangements? But only if the agency terminates the contract.

[cojak]

IR35: A Warning to End Users - Contractor Weekly

Increase in enquiries?

My last gig had over 160 contractors, who all filled in annual leave requests.



Looks like Hector is getting his act together at last, and fair play.


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If you actually read the article, it is very interesting. The final paragraph concludes:

So for those contractors that end up getting caught by IR35 because of incriminating end client evidence this may provide some succour and a way of damage limitation. It may also be a useful lever for those freelancers suffering an IR35 enquiry who are faced with an end client who is unenthusiastic about supporting them by providing valuable evidence about their working practices. Where however a contractor is still engaged by that end user during the time of enquiry then, quite understandably, that contractor may be reluctant to remind their client of the ramifications of being classed as a 'worker'.

So you would have to decide to burn that contract bridge and claim, or not.

[mudskipper]

Hector will have more important things to do once WWIII kicks off anyway. Fill in the damned form and wait for Armageddon.

[eek]

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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From post experience what usually happens is those people with no direct access to PMO have to report their availability via the internal systems, consultants who have an external manager reporting availability directly into the PMO do not.

Is the problem the fact people treated you as a contractor while you think you are a Consultant....

[suityou01]

This is precisely the kind of glib complacent arrogance and stupidity that made me start the thread.

I spun this past my IR35 lawyers who said don't do it under any circumstances.

So then I could ignore them, invalidate my insurance, breach my contracted term and bare my arse to hector but I still have a brain.


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[northernladuk]

Hector will have more important things to do once WWIII kicks off anyway. Fill in the damned form and wait for Armageddon.

Well we have had two professional posts that have been discussed properly with no abuse or spam in General today. I would have put money on WWIII starting before that happened.

P.s. Everytime I see the word Armageddon I think of this the gerbil story...

Edit : Why isn't the video option working properly anymore?

[TheFaQQer]

So then I could ignore them, invalidate my insurance, breach my contracted term and bare my arse to hector but I still have a brain.

Or declare yourself inside IR35 and take the tax hit, if you were so convinced that you were inside IR35 on all three points.

Instead, your brain (having allowed you to sign a contract which didn't give you the right of substitution and included a mutuality of obligation clause in it) said that you were better off leaving and earning nothing than staying and earning something.

[TheFaQQer]

Well we have had two professional posts that have been discussed properly with no abuse or spam in General today. I would have put money on WWIII starting before that happened.

P.s. Everytime I see the word Armageddon I think of this the gerbil story...

https://www.youtube.com/watch?v=cTrOb8zyrZk

Edit : Why isn't the video option working properly anymore?

Take out the https and replace it with http.

[mudskipper]

Well we have had two professional posts that have been discussed properly with no abuse or spam in General today. I would have put money on WWIII starting before that happened.

P.s. Everytime I see the word Armageddon I think of this the gerbil story...

https://www.youtube.com/watch?v=cTrOb8zyrZk

Edit : Why isn't the video option working properly anymore?

Take out the s on https.

Edit: What TF said...