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Is a status determination applied to a role or to a worker?

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    Is a status determination applied to a role or to a worker?

    I assume a role, because otherwise substitution would never be a factor, but not quite sure. Does anyone have a definitive answer?

    #2
    Jesus ******* wept...

    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #3
      Originally posted by northernladuk View Post
      Jesus ******* wept...



      Someone send NLUK a teddy bear, choccy bar and some Play Doh quick.

      OP, you've been on here 8 yars and don't know? Really?
      The greatest trick the devil ever pulled was convincing the world that he didn't exist

      Comment


        #4
        Originally posted by northernladuk View Post
        Jesus ******* wept...

        It's not such a dumb question - as far as I can tell it's not defined anywhere in the HMRC guidance.

        But as you're so ****ing smart, perhaps you can just drop the answer here instead of your usual smart@rse taunts.

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          #5
          The sticky says we can't be mean to noobs asking daft questions but this one has to be the exception to the rule surely.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Originally posted by Snooky View Post
            It's not such a dumb question
            Believe me it is.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              Originally posted by Snooky View Post
              I assume a role, because otherwise substitution would never be a factor, but not quite sure. Does anyone have a definitive answer?
              Long story short.

              Neither. It belongs to an individual contract. There may be two roles for Java Developer at ClientCo. For example, a company might be testing what they get for an Inside IR35 contract and what they get for an Outside IR35 for such purposes as making the necessary changes to attract the best talent should it be worth it. Deliverables and working practices should vary significantly between the two.
              The greatest trick the devil ever pulled was convincing the world that he didn't exist

              Comment


                #8
                Originally posted by LondonManc View Post
                Long story short.

                Neither. It belongs to an individual contract. There may be two roles for Java Developer at ClientCo. For example, a company might be testing what they get for an Inside IR35 contract and what they get for an Outside IR35 for such purposes as making the necessary changes to attract the best talent should it be worth it. Deliverables and working practices should vary significantly between the two.
                Thanks for a polite and useful answer.

                Yes, I've been on here a long time but, unlike some others, I don't spend my every waking moment studying posts and revising IR35. I've already learned more about the whole thing than I ever wanted to know, I have plenty of other things I'd prefer to be doing.

                Comment


                  #9
                  It isn't a stupid question in the sense that a client may regard all workers within a particular role category as doing essentially the same thing in the same way, so they could reasonably (meaning, with reasonable care) decide that all of those workers have the same status.

                  But, in principle, a status determination applies to a particular contractor whose working practices are observed under a particular (hypothetical) contract.

                  Comment


                    #10
                    Originally posted by Snooky View Post
                    Thanks for a polite and useful answer.

                    Yes, I've been on here a long time but, unlike some others, I don't spend my every waking moment studying posts and revising IR35. I've already learned more about the whole thing than I ever wanted to know, I have plenty of other things I'd prefer to be doing.
                    Considering it's a 20 year old piece of legislation that fundamentally affects the way contractors work, I'm a bit surprised you don't think it important enough to make the effort to be aware of it and its potential impact on your business.

                    It's like being a pie maker and saying "I didn't realise that I needed to know about food hygiene and labelling, what a faff". Every business owner should make themselves aware of the legislation that affects them.

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