Question regarding employment structures

[oliverson]

Hi all,

I am partially uneducated as to the regulations / legislation surrounding contract engagements within the UK, and seek the advice of others (please accept my thanks in advance).

I say 'partially' as I am reading many of the threads & stickies on this forum, as well as other sources of information, in an effort to clarify my lack of comprehension. As a newly arrived Aussie, I have a very (very) detailed appreciation of tax and legal considerations within the Australian IT contracting marketplace, but this knowledge counts for little in the UK.

(As an aside, happy to lend 15-20 years contracting advice within Australia to any who may desire this, including contacts).

Initially, I suppose the first thing I should state is - I have an utterly clear stipulation within my Visa, which is that under no circumstances may I seek employment other than through a company which I have created, or purchased as a going concern (and therein I am a Director of). In other words, I may only be self-employed.

So my first question is - when looking at job boards which I presume are the usual 'starting point' for many of you when seeking a contract (such as Monster, Dice and Reed) - and I read the following text in relation to a CONTRACT role, which states (along the lines of);

'(Agency name) acts in the capacity of an Employment Business when providing contract work finding services'.

.....this by and large could NOT be deemed to be 'Self Employed', regardless of the fact that;

a) It is a contractual engagement in terms of having a limited, fixed duration and
b) One could theoretically use their own company to 'place themselves' in to the agency, and then the end client.

Wherein - I presume the 'safest' option to ensure one is deemed self-employed / legitimately a company in nature (and therefore is it 'outside' of IR35?) - is to approach the end client directly, thereby bypassing the agency, and eliminating the risk that the contract be ruled other than self-enmployment.

I appreciate - and apologise for - the fact that to some extend I may even be misguided in my questions here but - as stated - please understand I have no experience, and limited knowledge of, your UK contracting market.

Cheers,

Unpresidented

I started getting bored after the first couple of sentences. It's like reading something that Mr Logic (Viz comic) would write http://viz.co.uk/wp-content/uploads/...03_mrlogic.jpg. If I were you I'd have left it at "I am partially uneducated". :-D

[fidot]

Just weird naming

'(Agency name) acts in the capacity of an Employment Business when providing contract work finding services'.

Welcome to the UK! Bizarrely, an Employment Business is the term used for companies placing contractors and an Employment Agency is the term used for companies who place permies.

HTH
Terry

[SueEllen]

Have a Google for the Conduct of Employment Agencies and Employment Businesses Act 2003.

The act has 2010 amendments.

Also one issue you may find is as you have no work history in the UK some agencies will not be interested in your skills. Lots of agencies are filled with sales people who don't understand anything about contracts.

[unpresidented]

Hi all,

I am partially uneducated as to the regulations / legislation surrounding contract engagements within the UK, and seek the advice of others (please accept my thanks in advance).

I say 'partially' as I am reading many of the threads & stickies on this forum, as well as other sources of information, in an effort to clarify my lack of comprehension. As a newly arrived Aussie, I have a very (very) detailed appreciation of tax and legal considerations within the Australian IT contracting marketplace, but this knowledge counts for little in the UK.

(As an aside, happy to lend 15-20 years contracting advice within Australia to any who may desire this, including contacts).

Initially, I suppose the first thing I should state is - I have an utterly clear stipulation within my Visa, which is that under no circumstances may I seek employment other than through a company which I have created, or purchased as a going concern (and therein I am a Director of). In other words, I may only be self-employed.

So my first question is - when looking at job boards which I presume are the usual 'starting point' for many of you when seeking a contract (such as Monster, Dice and Reed) - and I read the following text in relation to a CONTRACT role, which states (along the lines of);

'(Agency name) acts in the capacity of an Employment Business when providing contract work finding services'.

.....this by and large could NOT be deemed to be 'Self Employed', regardless of the fact that;

a) It is a contractual engagement in terms of having a limited, fixed duration and
b) One could theoretically use their own company to 'place themselves' in to the agency, and then the end client.

Wherein - I presume the 'safest' option to ensure one is deemed self-employed / legitimately a company in nature (and therefore is it 'outside' of IR35?) - is to approach the end client directly, thereby bypassing the agency, and eliminating the risk that the contract be ruled other than self-enmployment.

I appreciate - and apologise for - the fact that to some extend I may even be misguided in my questions here but - as stated - please understand I have no experience, and limited knowledge of, your UK contracting market.

Cheers,

Unpresidented