agency worker law

[TheFaQQer]

surely this should spell the end of IR35?
If agency workers get the same rights as permy staff and we are excluded from this being ltd, we cannot be classed as employees of the company we are contracting at?
Good news for contractors I think!

Not as simple as that - just because you aren't getting the same rights as a permie (because you aren't an agency worker), doesn't mean that you aren't a disguised employee caught by IR35.

[mr_woo]

surely this should spell the end of IR35?
If agency workers get the same rights as permy staff and we are excluded from this being ltd, we cannot be classed as employees of the company we are contracting at?
Good news for contractors I think!

[TheFaQQer]

No, they'd come under the heading of Agency Worker

Oh well, if they can't run a proper business, f*** 'em, I say!

[malvolio]

technically


Even those working through an umbrella should be safe - they are employed by the umbrella, not by the agency.

No, they'd come under the heading of Agency Worker, the way the draft is worded, since they are supplied by a company that employes them. Don't forget the real target are casual farm labourers and cockle pickers as much as office staff. Only LtdCo contractors are out of scope.

[TheFaQQer]

Surely by having a limited company and the contract being with your company makes you an employee of your company in a consultancy type contract so techincially your not an agency worker. The agency are a middle man introducing the two companies and you don't work for them??

technically

I'd agree with you - this is designed for temps and people that are employed through an agency. If you have your own company, then you are almost certainly not included in this draft legislation, since you are not employed through an agency.

Even those working through an umbrella should be safe - they are employed by the umbrella, not by the agency.

[beoptima]

yes you are right..it may not affect contractors who have their limited co but may affect people going through umberella comps again there are hell lot of things to be considered here so not sure myself..let's see how this goes..

[northernladuk]

Interesting but who does the term 'agency workers' and 'freelancers' cover?

Surely by having a limited company and the contract being with your company makes you an employee of your company in a consultancy type contract so techincially your not an agency worker. The agency are a middle man introducing the two companies and you don't work for them??

Maybe that will get most contractors out of this and leaves a different level of worker in the firing line i.e. temps

Either that or I got the wrong end of the stick, talking b****ks and just made a right tit of myself

[beoptima]

can anyone comment on this..this 12 week law(to be tried first) will be a big disadvantage to contractors as no client will offer more than 3 months..don't know how companies will look at this..
http://www.contractoruk.com/news/004529.html