Time capped contract - ir35 flag? - Contractor UK Bulletin Board

Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:

You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.

MrMarkyMark replied

18 January 2017, 13:43
FTFY

Originally posted by LondonManc View Post

I don't see it as anything but an IR35 plus although it's probably neutral. You're being treated differently to a permie, who, naturally, is expected to do unpaid overtime, on a regular basis.
Leave a comment:
LondonManc replied

18 January 2017, 13:41
I don't see it as anything but an IR35 plus although it's probably neutral. You're being treated differently to a permie.
Leave a comment:
northernladuk replied

18 January 2017, 13:02
Originally posted by ladymuck View Post

Think about it this way:

Are employees treated the same? Presume not as they will be salaried or hourly paid for the hours worked.
If you work more than 80 hours you will face financial loss, something that an employee wouldn't experience.

It's not supervision or direction. Not sure about control though.

It's not control. It's a contractual agreement. Just like saying you can only work Monday to Friday etc.

No problems here but will become an issue if they start telling you to do hours above and beyond I. E your working practices don't match.
Leave a comment:
ladymuck replied

18 January 2017, 13:00
Think about it this way:

Are employees treated the same? Presume not as they will be salaried or hourly paid for the hours worked.
If you work more than 80 hours you will face financial loss, something that an employee wouldn't experience.

It's not supervision or direction. Not sure about control though.
Leave a comment:
Neil@Intouch replied

18 January 2017, 12:59
This wouldn't have a major impact, as long as the hours you work during the week/fortnight are flexible and you aren't solely controlled on set hours like an employee would i.e. 9 to 5.30.

This would be a very small point in relation to IR35 in general. I would arrange for your Accountant to complete an updated IR35 review based on this contract, and working practices.
Leave a comment:
TheMrs started a topic Time capped contract - ir35 flag?

18 January 2017, 12:55
Time capped contract - ir35 flag?

Due to ongoing cuts in oil industry me and around 100 other contractors at a large oil Co have been issued with contract revisions which state that we are not allowed to bill for more than 80 hours in a fortnight.

Nothing else has changed.

Wondered how this would be viewed from 'S,D,C' perspective for IR35.....not that we had any choice if we want to keep working.

With thanks
Tags: None