Dragon's Denny

[malvolio]

And for the sake of competeness, the two Bibles on the subject are “Tolleys IR35 Defence Strategies: from Contracts to Commissioners” by David Smith

(Tolleys: ISBN 0754524574 3rd Edn., October 2004)

and “IR35” by Anne Redston (Accountancy Books: ISBN 1841402087).

And if you're a PCG member, there's a pretty good guide on there as well.

[Denny]

From Special Commissioner

http://www.itcontractor.com/Articles...asp?id_no=4291

Useful listing of ir35 exemption criteria by the horses mouth. Generally useful as a good guide for negotiating your contracts. Bear in mind though that many contract reviewers will say that not all of these are essential to be outside.

If the link doesn't work, then just go to ITContractor site with Gerry Mclaughlan. It's on there.

[Spacecadet]

Avoid the bullcarp, just go direct

[Pondlife]

Hey Denny, not on the bench again are you per chance?

[Denny]

It's judgement time to give a heads up on EB speak. This is to help the unitiated cope with the recruiter jargon and to read between the lines and decide whether it's worth investing your time and effort dealing with them.

Recruit-speak: Describe role as 'full time' either on the spec or in the ad.
This means the role is 5 days per week and all day every day. It also probably means that the EB and or client sees the role as a permie style bum on seater rather than a proper b2b contract and that the days and times worked will be put on the Works Schedule.

Action: Question the recruiter carefully to see what they do mean. It could just be laziness or routine to call every role 'full time' so its not a given. Ask them about contracts being outside ir35 and send you a copy of the terms before agreeing to be represented by them. If the terms look a bit sus' then you can go through another EB who might have more favourable terms.

Recruit-speak: 'Overqualified for the role'
This can mean just about anything they want it to mean. What it does defo' mean is that they are looking for a perfect fit either for their own purposes or for the client's. It's most likely to be the case that they want someone who will stay in the role for ever and not move on, guaranteeing them a regular mark up income - hopefully for life. When pressed, the EB will justify not representing you by stating that 'the client wouldn't interview you in case you get bored' too easily.

Action: Be wary about EBs that use terminologies or excuses that imply contractors are merely temps. Chances are, if they decide to represent you in future, they still won't know the difference between an ir35 friendly contract and a Lancashire Hotpot. After all, they don't even know what a contractor is either. Even if they send you what looks like favourable ir35 friendly 'terms' chances are it may not be at the upper contract level if the client is stressing out about 'perfect fit' contractors 'getting bored and moving on' and so on. EB/Client is likely to be in pocket of HR and has adopted too much HR and permie staff speak.

Recruit-speak : they want someone who is 'flexible'
This is a 'temping' word that screams 'junior' and that you will be asked to do any task that is convenient to the client or, for IT contractors, it could mean asking you to be on call for no extra dosh. The word 'flexible' is a byword for exploitation at your own company's expense.

Action: Unless you are applying for a role as an acrobat or trapeze artist, ignore specs and roles that describe this as a requirement and don't bother with them.

Recruit-speak : they say they want a contractor for a 'senior' or 'junior' role.
Implies hierachical seniority in the programme and suggests a commensurate rate. It doesn't normally imply age restrictions though.

Action : if you need the dosh and are normally a well paid contractor but the market is tough but want any work you can get at any rate, rework your CV to list more detailed tasks performed, leave out strategic deliverables on former projects or high level lofty speak that describes achievements and what your contribution was to the bottom line. No PM will be impressed to read: Role: Tea Boy - I was given overall responsibility for cutting beverage costs by limiting programme team tea consumption without compromising on overall refreshment needs across the programme, reducing overall costs of £50 in teabags. I made the tea twice a day instead of three times is far better.