Dragonfly

[Bob Dalek]

I wouldnt mind that. At least I would be able to decide if a rate was decent and to take a contract or not.

I agree. In fact, it's a winner.

[dx4100]

IR35 is so crazy and unfair...

If this guy was in fact an "employee" then surely isn’t it up to the AA to pay up for all the missing employers’ national insurance for their "employee" ??

It seems now it’s extremely wise to get insurance against this sort of outcome.

[tim123]

This cant be good

http://www.contractoruk.com/news/003948.html
Dragonfly had a substitution clause but it was fettered and therefore didn't count. My builder has to agree any sub he sends, I will not let just anyone on site and I check the quals and experience even of his navvies..

You are in a very very small minority. Most builders will just send in their sub without even bothering to tell you, let alone ask.

This is the card that they have which makes them unquestionably self employed. I'm surprised that they even bother to take on business that doesn't let them play it, there wasn't a shortage of work for them to do.

tim

[tim123]

It would appear that Mr Bessel allowed himself to be tied in by contract to AA rather than Dragonfly as a whole. He allowed Client control of his duties and attendance, Close supervision and control of his working procedures, including spot testing and overseeing of his work,
.

I take issue with the "he allowed".

In what I do, you have two choices, accept work on this basis or don't work. He is obviously in the same position, what is he supposed to do?

tim

[BolshieBastard]

99% of contractors are fu cked with this ruling!

Oh and insurance wont save you either. They may take your premium but will find a way out of paying if you lose. You only have to look at car insurance to realise that!

[Fred Bloggs]

99% of contractors are fu cked with this ruling!

Oh and insurance wont save you either. They may take your premium but will find a way out of paying if you lose. You only have to look at car insurance to realise that!

I agree. This is the beginning of the end. I do not believe a change in Gov't will save us either in 2010. Shame.

[VectraMan]

In what I do, you have two choices, accept work on this basis or don't work. He is obviously in the same position, what is he supposed to do?

He's supposed to pay the right amount of tax from the start.

[malvolio]

99% of contractors are fu cked with this ruling!

Oh and insurance wont save you either. They may take your premium but will find a way out of paying if you lose. You only have to look at car insurance to realise that!

It's not finished yet. Next step really depends on Jon wanting to carry on fighting, but if he does there are a variety of next steps.

Also, just for the doomsayers out there, the appeal failed becasue the original decision was entirely consistent with case law. What it wasn't, but what can't be appealed, was a correct interpretation of the reality on the ground. This loss is a disappointment in many ways, but it is by no means an end point.

[BolshieBastard]

It's not finished yet. Next step really depends on Jon wanting to carry on fighting, but if he does there are a variety of next steps.

Also, just for the doomsayers out there, the appeal failed becasue the original decision was entirely consistent with case law. What it wasn't, but what can't be appealed, was a correct interpretation of the reality on the ground. This loss is a disappointment in many ways, but it is by no means an end point.

Hahaha! The lad has a near 100k tax bill to find. Wonder if he took out a CTD? Unless Im mistaken, the only appeal would be to the HoL. Can you see PCGfunding that for him too?

I disagree about the decision being 'entirely' consistent with case law. Case law has actually built up a number of sound defences for IR35. And that's before one even considers the inconsistency between SC decision.

After having slagged off the MP boys, sounds to me like your running scared because Hector is now gunning for you too.

Be afraid, be VERY afraid! You're next, pal.

[dx4100]

Whats the track record of the insurance companies paying out if you lose then ?

Seems like some people think they will just find away of not paying up....

Trying to work out if its worth getting...