Pushed into an IR35 situation

[northernladyuk]

oh, what IS your problem? mabye counselling will help

A good kicking helps.

Well it helps me and that's what matters.

[northernladuk]

oh, what IS your problem? mabye counselling will help

If that's in the same building as Key Stage 2 English lessons we could meet up for a drink in the cafe afterwards.

[BR14]

Oh. One capital! It's a start.

oh, what IS your problem? mabye counselling will help

[northernladuk]

hey, judging by your post history, you're not new to contracting.
It's always YOUR call.
you balance the fiscal stuff with the motivation, and decide.
it's contracting.

Oh. One capital! It's a start.

[BR14]

Still waiting for that condom sensitivity testing role?

I’d honestly be prepared to down tools and walk if it came to it. Some people are great here, others not so much.

hey, judging by your post history, you're not new to contracting.
It's always YOUR call.
you balance the fiscal stuff with the motivation, and decide.
it's contracting.

[LondonManc]

That's a good one. Bearing in mind we've got recent posters giving notice becasue they can't be arsed to get to site and because they've used their client as a stop gap while something better comes along I don't think the reason matters much

Still waiting for that condom sensitivity testing role?

I’d honestly be prepared to down tools and walk if it came to it. Some people are great here, others not so much.

[northernladyuk]

Quote them your inside IR35 rate and max out your pension.

[northernladuk]

ftfy - as its a better get out clause than money....

That's a good one. Bearing in mind we've got recent posters giving notice becasue they can't be arsed to get to site and because they've used their client as a stop gap while something better comes along I don't think the reason matters much

[LondonManc]

Thanks chaps. By going offsite, I didn’t mean WFH, I meant stopping work. The insurance one is a good one - I’ll look into it.

[eek]

No. Your tax position is your problem not your clients.

You need to look at the contract and see if there has been any breach or deviation. That might give you grounds to quit. To be in breach it would have to be something significant that is material to the contract though.

You could just invoke notice stating the changes cause issues with your company's insurance's requirements so have no choice but to leave.

ftfy - as its a better get out clause than money....

[northernladuk]

No. Your tax position is your problem not your clients.

You need to look at the contract and see if there has been any breach or deviation. That might give you grounds to quit. To be in breach it would have to be something significant that is material to the contract though.

You could just invoke notice stating the changes causing issues with your company so it's not financially viable to continue.

[jamesbrown]

If you’re in a contract and your working practices change significantly as a result of a senior management decision and puts you inside IR35, is it acceptable or indeed necessary to go offsite to avoid the situation, regardless of notice period?

Not entirely sure what the question is, but I'll bite.

If you can document the point at which the working practices change materially (and in a convincing way), you may be OK on the period leading up to the change, but I wouldn't really want to have that tested (could be a tough sell).

Going forward, if you accept the change in working practices, and the expert review you've solicited () puts you inside IR35, then you have a choice about whether you stay or go, obviously. Going "offsite", as in WFH, may not materially change anything, but the review will tell you that; without more details, it's difficult to comment.

I'd be more concerned about documenting the change very clearly on both sides, so there's no question you were inside before the change. Because if the client is simply formalising something that they previously believed to be true, you're in trouble.

[LondonManc]

If you’re in a contract and your working practices change significantly as a result of a senior management decision and puts you inside IR35, is it acceptable or indeed necessary to go offsite to avoid the situation, regardless of notice period?