Another case lost

[VectraMan]

That still gives you little protection IMO. No client will ever approach an investigation with an IR35 hat on; chances are they've never heard of it. They are likely to say "line manager", "part of the furniture" as throwaway comments, whereas the contractor will cringe, and HMRC will pounce.

I agree. It seems the most important lesson here is to have the client on your side. But how much can you really count on somebody who doesn't understand the situation, and probably isn't happy about having to waste time on a contractor's tax squabbles?

[BrilloPad]

I agree. It seems the most important lesson here is to have the client on your side. But how much can you really count on somebody who doesn't understand the situation, and probably isn't happy about having to waste time on a contractor's tax squabbles?

Why did they agree to testify in the first place? What did they get from the time spent?

[rootsnall]

My gawd, just tell me about it...

3 years & counting...

The longest contract I did was 12 months...

Surely you know what to do then !

My longest and only ( tell a lie, I've had 2 ) ever permie job was my 2 year graddie job, longest contract 18 months, by sheer luck I landed on the gravy train

Toot toot, all aboard

[BrilloPad]

Surely you know what to do then !

My longest and only ever permie job was my 2 year graddie job, longest contract 18 months, by sheer luck I landed on the gravy train

Toot toot, all aboard

Now is not the greatest time to be looking though. There is still stuff out there - but times are not brilliant.

[Spacecadet]

I agree. It seems the most important lesson here is to have the client on your side. But how much can you really count on somebody who doesn't understand the situation, and probably isn't happy about having to waste time on a contractor's tax squabbles?

So should every client you have be brought up to speed before hand on contractor tax issues before you can work with them?

My current big client has no idea of my other customers and thinks that i just take a higher than average number of days off. I'd rather keep it that way too, my other clients are none of their business

[malvolio]

Four weeks notice the contractor has to give or four weeks notice the client/agent has to give?

My contracts tend to have. Me no notice can be served, client has no notice period (can terminate immeadiately for any reason).

Actually there's been a bit of a debate about that lately. If I understand things properly (not a given, of course!) any notice period implies a degree of MOO, since there is a situation where you may have to work when there is really no more work to be done. So no notice on both sides, as you have in yours, is the ideal. In reality, of course, there are commercial reaons for wanting to keep your supplier tied down, hence the growing use of assymetric notice periods. It's a bit of a fine balance, but as long as you have something in the contract about neither side having to either offer or accept work, some notice can be squared away.

In the case under discussion though, a bald four week unconditional notice was not likely to pass the above test and so was seen as a pointer towards there being a degree of Mutuality

[Jubber]

I agree. It seems the most important lesson here is to have the client on your side. But how much can you really count on somebody who doesn't understand the situation, and probably isn't happy about having to waste time on a contractor's tax squabbles?

During my 'PAYE review' Hector didn't even mention contacting previous clients. If I got another I would probably want to keep the clients well out of it anyway. I presume these cosy chats with the Head Hector are not mandatory for the previous clients.? I would just say they didn't want to come, or make sure they didn't want to come.

Having had one of these already, I still say keep your paperwork in pristine order, tell Hector nothing and stick with Yes Sir, No Sir, Three bags full Sir, then he goes away with all your paperwork and sends it back in a big box which the postman leaves on the doorstep (ffs).

[rootsnall]

Now is not the greatest time to be looking though. There is still stuff out there - but times are not brilliant.

I'm a doomster but the job market is good in my game at the moment. I'm sat with 2 other contractors who are in the slot before me in the gravy train and their phones are red hot, so Co's are still spending on IT and on new projects. Will it last

[BrilloPad]

And you seem to be forgetting how ancient I am...

We certainly work in an ageist industry. I find good suits and dying my hair helps!

[Sockpuppet]

Actually there's been a bit of a debate about that lately. If I understand things properly (not a given, of course!) any notice period implies a degree of MOO, since there is a situation where you may have to work when there is really no more work to be done. So no notice on both sides, as you have in yours, is the ideal. In reality, of course, there are commercial reaons for wanting to keep your supplier tied down, hence the growing use of assymetric notice periods. It's a bit of a fine balance, but as long as you have something in the contract about neither side having to either offer or accept work, some notice can be squared away.

In the case under discussion though, a bald four week unconditional notice was not likely to pass the above test and so was seen as a pointer towards there being a degree of Mutuality

I've always aproached this with the view of: I have 4 weeks notice of the contract being terminted. But I also have a clause saying that they do not have to offer me work and I do not have to take it.

So there is no MOO as far as I'm converned. THey could say "you have 4 weeks notice. But we don't want you to do any more work so leave now". And I don't get paid.