(Avoiding) Gaining Employment Rights Irrespective of IR35

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northernladuk replied

10 October 2017, 17:53
Originally posted by Robinho View Post

Fair point, bad coding on my behalf.

Are there any resources to help me convince HR of that?

Quick answer? no.
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malvolio replied

10 October 2017, 17:45
Originally posted by Robinho View Post

Fair point, bad coding on my behalf.

Are there any resources to help me convince HR of that?

Several thousand IR35-caught contractors not being employees after several years with the same client? 20 years of case law? Actually rather more than that since the definition of employment goes back to the RMC case in the 1970s. And as has been said, IR35 is a tax law, not an employment one, it just uses employment tests to work out if it applies.

However in my experience most HR departments are so crap at understanding contracting, IR35 and employment law in general that they won't be persuaded. They are firmly wedded to the idea that you somehow gain "rights" after some period of time.
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Robinho replied

10 October 2017, 17:36
Originally posted by northernladuk View Post

Well apply Mals answer to your first question. Are there any others after that?

Fair point, bad coding on my behalf.

Are there any resources to help me convince HR of that?
Leave a comment:
mudskipper replied

10 October 2017, 17:30
Your employment status for tax purposes and your employment status for employment purposes are not intrinsically linked.

One of the objections to the PS IR35 reforms is that the client can deem you to be an employee for tax purposes, but avoid their obligations as an employer.

If your PS client says you are within IR35, they are effectively saying you have to perform the services personally, and are subject to their supervision, direction or control. Given that they are saying this, you might have a very good case if you wished to pursue workers' rights.

If it's not public sector, then IR35 status is for you to determine.
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northernladuk replied

10 October 2017, 17:29
Well apply Mals answer to your first question. Are there any others after that?
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Robinho replied

10 October 2017, 17:15
Which question are you answering?
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malvolio replied

10 October 2017, 17:09
Quick answer? No.
Leave a comment:
Robinho started a topic (Avoiding) Gaining Employment Rights Irrespective of IR35

10 October 2017, 17:03
(Avoiding) Gaining Employment Rights Irrespective of IR35

Let us say you contracted directly with a client via your Ltd for an extended period, and let's say that you were deemed inside IR35.

Would you gain employment rights?

If so, is there a way of avoiding gaining those rights, other than making sure you are outside IR35? (in effect are those rights intrinsically linked to your IR35 status?).

I had a look at this article https://www.contractorcalculator.co....nt_rights.aspx but doesn't feel like one could give clientco 100% assurance.

TIA
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