12 month contract.. 9 to 5, on client site

[malvolio]

Hi Malvolio,
i take it that the requirement (from the client) to be dressing smart won't give me any troubles.........

thanks
marco

It might... it implies Direction and Control, after all. You would have to have a pretty marginal case for this to be a deciding factor though. That said, if your contract has such clauses in it, I suggest you get it Bauer and Cottrell quickly; there will be other less friendly ones.

Also, contractors should always be better dressed than the permies, shouldn't they?

[MmarcoM]

..only wear green socks and ask permission before you have time off, then you might have a problem...

Hi Malvolio,
i take it that the requirement (from the client) to be dressing smart won't give me any troubles.........

thanks
marco

[malvolio]

Yes. Doesn't mean anything though - IR35 and employment are judged on different rules...

[rawly]

I was reading over my contract the other day - I've never bothered before because my Agency just passed it to Giant and Giant got QDos to pass it - so I was happy I was covered.

Anyway - I noticed at the end of it it stated that this contract does not in anyway form an Employer/Employee relationship - which I thought was one sentence very cleverly put.

[malvolio]

What matters is how much it is up to you how you do the work. The client can tell you to acheive a given objective, he needn't necessarily have to describe to you in minute detail how it is to be done, beyond asking you to use corporate standards where they are relevant. However, if he has the contractual right to tell you to take a coffee break at 10:38 precisely for 10 minutes, only wear green socks and ask permission before you have time off, then you might have a problem...

[MmarcoM]

Thanx Malvolio.....
Even though ,after reading various posts here and guides, what matters is actually how the work is carried out.... having seen length/location i was hopeless.....

thanx for giving me little hope

regards
Marco

[malvolio]

Back to the guides, dear boy...

Put simply, the rules for IR35-exemption are MOO (if there is no work do you still get paid, if you just turn up do you get paid), D&C (have you any latitude in how you do your job - 99% of us do, especially in IT) and do you have a reasonably unfettered right to send someone else to do the job (not actually do it, be allowed contractually to do it).

That's it. Duration and location are irrelevant

[MmarcoM]

hi all,
hope nobody will flame me for this
i have been reading many posts about IR35, contracts etc, what matters and what does not matter.... but i still need advices (also to see if anyone else is in the same situation..)
I m not at advanced stages (missing is the phone interview.. nobody says i will pass it but m quite confident) so nothing has been done yet but i was wondering if anyone has been on a contract for the same client,for 12 months, working 9 till 17, on client site, and dont have Hector ringing at the door claiming his share of tax money.
Ok what matters (from what i understood) is how work is carried out, supervision etc.... but in situation like the one described i see no way out of IR35

has anyone had a similar situation and still be able to be outside IR35?

thanks and regards
Marco