Reply to: Opinion on appearing on "team page" on company's site

[radish2008]

It's highly likely that HMRC would never see the "Meet the team" web page, even if it's available on the public web, however, allowing yourself to be added to a "Meet the team" web page of one of your clients is either going to: a) Do nothing re:your IR35 status or b) Make you appear to be more inside IR35.

What's it's not, and will never do, is make you appear to be even more outside IR35 than you might already be, therefore, there's really no net positive to you or your Ltd. for this to happen, so why take the risk?

This makes no sense. You could equally argue "why would you waste your effort and time worrying about something that will almost certainly never happen"

I worry about being hit by a meteorite but I know the risk is so low I can still go outside.

[saptastic]

It's highly likely that HMRC would never see the "Meet the team" web page, even if it's available on the public web, however, allowing yourself to be added to a "Meet the team" web page of one of your clients is either going to: a) Do nothing re:your IR35 status or b) Make you appear to be more inside IR35.

What's it's not, and will never do, is make you appear to be even more outside IR35 than you might already be, therefore, there's really no net positive to you or your Ltd. for this to happen, so why take the risk?

+1

[billybiro]

Whilst I am sure wouldn't be checked/referenced by HMRC and is not the basis of any judgement - I think by inference 'Meet the Team' contradicts being a 'short term' business supplier?

This in isolation is unlikely to be conclusive in the event of an IR35 enquiry, and it would be considered alongside the rest of the evidence.

It's highly likely that HMRC would never see the "Meet the team" web page, even if it's available on the public web, however, allowing yourself to be added to a "Meet the team" web page of one of your clients is either going to: a) Do nothing re:your IR35 status or b) Make you appear to be more inside IR35.

What's it's not, and will never do, is make you appear to be even more outside IR35 than you might already be, therefore, there's really no net positive to you or your Ltd. for this to happen, so why take the risk?

[radish2008]

We have 15 live IR35 enquiries that we are dealing with at the moment, but none are currently being defended in court.

Excellent, Thank you.

[radish2008]

I would have thought that court is the easy (but maybe not pleasant) bit at the end? Didn't one poster say it took two years of too'img and fro'ing before it got dropped before court. That's the bit you want to avoid I would have thought.

My point is that QDOS have a vested interest in IR35 being as scary as they can make it.

I'll take both numbers though. How many active investigations and how many in court. Might be an even better indicator.

[northernladuk]

Just out of interest how many active IR35 investigations are you currently defending in court ?

I would have thought that court is the easy (but maybe not pleasant) bit at the end? Didn't one poster say it took two years of too'img and fro'ing before it got dropped before court. That's the bit you want to avoid I would have thought.

[Qdos Contractor]

Just out of interest how many active IR35 investigations are you currently defending in court ?

We have 15 live IR35 enquiries that we are dealing with at the moment, but none are currently being defended in court.

[PerfectStorm]

The copy at the top of the page says "whether a life timer (one guy has 24 years of service), part timer, contractor or even just a volunteer - everyone is part of the family"

Ouch!

Just politely decline to be on it. Avoid getting the photo taken if they don't already have one, and say that you'd prefer your personal details (name, client, photo) are confidential to the outside world. Have the conversation verbally, as in writing will look unnecessarily snotty. And if you like, say that it won't harm your commitment to the family

[radish2008]

This in isolation is unlikely to be conclusive in the event of an IR35 enquiry

Just out of interest how many active IR35 investigations are you currently defending in court ?

[Qdos Contractor]

Hi, new here and can't find an answer.

I'm currently contracting for a company and we are making a 'Team Page' in the About Us section, the idea is that it's a little profile pic, name and job title - not exactly reinventing the wheel.

The problem is that loads of us are contractors and some are concerned about the IR35 implications of appearing in this section, what do you think?

The copy at the top of the page says "whether a life timer (one guy has 24 years of service), part timer, contractor or even just a volunteer - everyone is part of the family" or something along those lines, we could then even potentially call out with an asterisk who is a contractor if necessary.

Is this likely to assuage concerns, both from the contractor and HMRC's point of view? We are a new brand (branched off from an old brand hence the 24 years of service) so we needed contractors and without them the team would look a bit thin.

Cheers

This in isolation is unlikely to be conclusive in the event of an IR35 enquiry, and it would be considered alongside the rest of the evidence. However it could suggest a degree of integration into the client organisation, particularly in stating that ‘everyone is part of the family’ because this isn’t indicative of a contractor operating independently, but rather the opposite. Additionally, having contractors included on the team page could indicate a degree of permanence with the engagement.

As indicated above however, this will not be a conclusive issue and will depend on the specific circumstances. Contractors should certainly be clearly stated as such with their company name, and ‘job titles’ for contractors should be avoided - a brief description of the services could be provided instead. I would also be wary of referring to a contractor’s length of service, particularly if it has been or will be a long engagement, as this could point towards a mutuality of obligation.

[TheCyclingProgrammer]

Personally, I'd object to a client doing this without asking me first. If I did agree to it, I would only do so if its made clear that I am a third-party contractor. It's unlikely an IR35 investigation would hinge on this but it would be, IMO, a pointer towards the client thinking of you as part and parcel of the organisation.

[saptastic]

Do you need to specify that on a simple picture on a website ? I think not.

Do you need to worry about IR35 implications of being in a team picture on a web site. Absolutely not.

Similar questions asked recently:

"I went to the staff party and someone bought me a drink - am I inside IR35 ?" (paraphrased)
"I smelled one of the team members farts - am I inside IR35 ?" (made up)

Not sure that is a similar question/comparison.

[radish2008]

Whilst I am sure wouldn't be checked/referenced by HMRC and is not the basis of any judgement - I think by inference 'Meet the Team' contradicts being a 'short term' business supplier?

Do you need to specify that on a simple picture on a website ? I think not.

Do you need to worry about IR35 implications of being in a team picture on a web site. Absolutely not.

Similar questions asked recently:

"I went to the staff party and someone bought me a drink - am I inside IR35 ?" (paraphrased)
"I smelled one of the team members farts - am I inside IR35 ?" (made up)

[saptastic]

Whilst I am sure wouldn't be checked/referenced by HMRC and is not the basis of any judgement - I think by inference 'Meet the Team' contradicts being a 'short term' business supplier?

[SimonMac]

I have had this with my current client, I asked that I be listed under a separate "associates" section with a link to MyCo name and website, both parties were happy with that.