Secure sites give some IR35 protection?

[TheFaQQer]

Perhaps he should have got better representation then. Or he's talking orbiculae. You can talk about the level of control, direction and substitution without being explicit about what it is you're working with. "My job is to classify patient records" - you don't have to say who the patient is or what they are suffering from, do you?

Well, that would be my thinking to - I'm only reporting what he told me. I can't quite understand it myself, but in theory there is a chance that you could get done, if no-one can back up your case.

[malvolio]

Not necessarily.

Someone I know claims that he failed an IR35 investigation because he was direct with GCHQ and couldn't mount any defence that he was a business not an employee, since no-one could talk about the work or conditions that they worked in.

Perhaps he should have got better representation then. Or he's talking orbiculae. You can talk about the level of control, direction and substitution without being explicit about what it is you're working with. "My job is to classify patient records" - you don't have to say who the patient is or what they are suffering from, do you?

[TheFaQQer]

Not necessarily.

Someone I know claims that he failed an IR35 investigation because he was direct with GCHQ and couldn't mount any defence that he was a business not an employee, since no-one could talk about the work or conditions that they worked in.

[malvolio]

Also it would be imposable for me to work anywhere other than the clients site and I could not easily substitute as my ltd is not list x.

Could I argue all of these points in the unlikely event of being investigated?

Don't see why not.

As regards RoS, as long as you have the right, that is sufficient. You don't have to actually exercise it (although that would help greatly of course!): you may not be List X, but you could use an already cleared and suitably qualified subbie if you can find one.

[gingerjedi]

Also it would be imposable for me to work anywhere other than the clients site and I could not easily substitute as my ltd is not list x.

Could I argue all of these points in the unlikely event of being investigated?

[malvolio]

Do they? I overheard a conversation between some contractors who reckon that because they are working on secure systems due to the nature of the work it is reasonable to use the client’s hardware and phone systems because they would not be able to use there own, any truth in this?

Entirely true. Irrelevant to IR35 though, since it is a business-based requirement that extends to both permie and contractor staff, hence is not a differentiator in either direction.

[gingerjedi]

Do they? I overheard a conversation between some contractors who reckon that because they are working on secure systems due to the nature of the work it is reasonable to use the client’s hardware and phone systems because they would not be able to use there own, any truth in this?