Originally posted by contractorinatractor
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A company needs a help desk person. - Do they need one that is going to stick around on a permanent basis? Or is it more of a hump thing to add some skills while they train up or deploy new production software?
If its a permanent role then the fact they end up with a contractor shows they are not paying enough to attract a full time employee so are probably grudgingly using the contractor instead. Due to their finance model the contract rate will probably also be sub market rate so the temp ends up using the leverage of a tax loophole so the company gets the body they need.
If they want the a temporary resource and hire a contractor, then they are not talking about a comparable employee market price. They are paying for a service that comes from someone that should be top in their field that has paid for their own tools and training and will provide their skills and expertise for a few months and then when they leave may wait for months between roles.
What makes this hard is that the two parties probably used a recruitment consultant that is telling one party they supply staff and the other they hire contractors. SO with this in mind we should make any party that misrepresents a contract in the chain fully liable for all penalties and taxes in an investigation. This is the one change that would absolutely solve the problem.
Nearly every case where IR35 has been proven to have been broken has had non mirrored contracts and that should be counted as serous fraud as the middle party are the only ones that see all the contracts.
If the middle man was liable it would police itself
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