The fact you worked for them before means absolutely nothing. I don't think it is that uncommon for senior staff to leave, start a company and provide services back to the old one contracts permitting.
The only thing IR35 is concerned about is how you deliver yourself back to them. Are you delivering a true service or are you a hidden employee. If you had left and then came back to same role and same boss I would hazard a guess that yes, you are inside. You are filling a permie position.
You can of course attempt to write your contract outside of IR35 which is common and most people are satisfied with that but remember it comes down to the working conditions NOT the contract. You do not describe these so we can't comment. You will have to read up on IR35 and decide for yourself. There have been some very good discussions recently about situations that may make you look like you are in but it is actually acceptable as it is clients policy which is slighly different and so on.
Just to add my personal opinion to this. Having worked in similar organisations and alongside contractors the chance of your contract being outside is going to be pretty slim I reckon. We stacked up on contractors just to fill permie rolls at short notice, filled in for leavers (of which there were a lot!!) and for flexibility. They all sat along side us and did what we did.
Again... there are threads here discussing why bother claiming your inside. Just ride the wave of risk as it is that small...
HTH
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If you left them for a contract with a different client I can't there being a problem beyond the usual..Leave a comment:
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Going back to old permie company - IR35 suicide?
Was permie at a mega-corporation (300K+ staff) - left six months ago to go contracting - may have the opportunity to go back in a contract role - same broad department (200 staff globally) - different manager - different role.
Q. Is this a big score against being outside IR35? Will the various insurance products still touch it?
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