Reply to: *Not* allowed to interview for permanent position (AWR Regulations)

[kingcook]

Some of the people who post threads like this are actually for real.

I've met quite a few contractors who simply don't understand (and don't want to understand) things like the difference between a temp and a limited company contractor and MOO.

And this is even after you have explained it to them and point them to resources like this site and PCG.

I have worked with contractors who don't understand, too. They think that they're only caught by IR35 once they have worked at the same client for 2 years, and are totally safe before then. I've tried telling them about MOO, D&C, and RoS, but they just don't listen. They just plod along agreeing to do whatever the client asks them, just like a permie would.

[eek]

Or just spend your time posting wind up threads on here?

I think there are an awful lot of people who end up contracting because its easier to get a contracting job rather than a permanent one and then don't do the research involved to understand it in detail.

This seems a prime example of someone who wants to be permanent member of staff but doesn't realise he has already been interviewed (by doing the job) and been found wanting.

[SueEllen]

Or just spend your time posting wind up threads on here?

Some of the people who post threads like this are actually for real.

I've met quite a few contractors who simply don't understand (and don't want to understand) things like the difference between a temp and a limited company contractor and MOO.

And this is even after you have explained it to them and point them to resources like this site and PCG.

[MyUserName]

Or just spend your time posting wind up threads on here?

[BS1397]

Setting aside IR35, AWR, and all other theoretical technicalities;

Why would you want to work for a company/manager if you clearly believe that they don't value you or treat you equally to others? And even if you can persuade them to make you a Perm; You do realize that you will be on probation for say 6 months and they can show you the door anytime with a shiny P45?

Just make hay while you can and look for a "Contract-to-Perm" role in JobServe...etc.

Good luck

[MyUserName]

Most agents and clientco's do not know or care about a contractor tax affairs - and thus AWR rights could probably be claimed without them challenging it.

HMRC care ... they care quite a bit.

[Taita]

Can I say MAN UP again???

And before the OP gets all huffy. You've been given best advice, by which I mean, people who have spent the last couple of years reading up on and preparing for all the fun and joy that AWR would bring. But having read your posts I've come to the conclusion you know best so go for it, have a moan up, complain, threaten, do what you will to rail against the obviously biased Manager. But please do keep us posted

Yeah. Keep us posted. A laugh a day is always good

[kmge]

Can I say MAN UP again???

And before the OP gets all huffy. You've been given best advice, by which I mean, people who have spent the last couple of years reading up on and preparing for all the fun and joy that AWR would bring. But having read your posts I've come to the conclusion you know best so go for it, have a moan up, complain, threaten, do what you will to rail against the obviously biased Manager. But please do keep us posted

[centurian]

Forgive the silly question, but doesn't that dependent on how I instruct the accountant to treat the income? If I account for income within IR35 and pay due taxes, I would I assume I could claim AWR rights (most probably) - whereas if I accounted as a Ltd company (with the associated tax advantages) I am "probably" not able to claim AWR?

Most agents and clientco's do not know or care about a contractor tax affairs - and thus AWR rights could probably be claimed without them challenging it.

If being a Ltd company does not automatically mean you are outside IR35, it follows that an agency/clientco should not assume you don't have AWR rights just because you are a Ltd company?

sockie alert


But just in case - a final time

You can attempt to claim AWR rights regardless of whether you have actually operated IR35 or not.

But any argument to assert AWR rights (whether you were successful or not) would probably blow apart any defence you have against an IR35 investigation by HMRC - the costs of which could be massive.

[Taita]

Forgive the silly question, but doesn't that dependent on how I instruct the accountant to treat the income? If I account for income within IR35 and pay due taxes, I would I assume I could claim AWR rights (most probably) - whereas if I accounted as a Ltd company (with the associated tax advantages) I am "probably" not able to claim AWR?

Most agents and clientco's do not know or care about a contractor tax affairs - and thus AWR rights could probably be claimed without them challenging it.

If being a Ltd company does not automatically mean you are outside IR35, it follows that an agency/clientco should not assume you don't have AWR rights just because you are a Ltd company?

Here is a suggestion. Why not be amongst the first to bring an Employment Tribunal case against a ClientCo for blatant disregard of that great boon to contracting - AWR? That should teach that heartless temporary manager not to ignore the little, oppressed man in the future. It should keep us all entertained in the wake of the Olympics and will keep your Mum busy washing and ironing your sodden hankies.

[LisaContractorUmbrella]

Forgive the silly question, but doesn't that dependent on how I instruct the accountant to treat the income? If I account for income within IR35 and pay due taxes, I would I assume I could claim AWR rights (most probably) - whereas if I accounted as a Ltd company (with the associated tax advantages) I am "probably" not able to claim AWR?

Most agents and clientco's do not know or care about a contractor tax affairs - and thus AWR rights could probably be claimed without them challenging it.

If being a Ltd company does not automatically mean you are outside IR35, it follows that an agency/clientco should not assume you don't have AWR rights just because you are a Ltd company?

Whether you fall inside or outside of IR35 depends on your working practises and not how you instruct your accountant http://www.hmrc.gov.uk/ir35/guidance.pdf

Recruiters and client co have to know about AWR as it is employment legislation and has to be adhered to. Although we are awaiting case law general rule of thumb is if you are inside IR35 you will fall under AWR

[pauly]

Pauly - are you working inside or outside IR35?

Forgive the silly question, but doesn't that dependent on how I instruct the accountant to treat the income? If I account for income within IR35 and pay due taxes, I would I assume I could claim AWR rights (most probably) - whereas if I accounted as a Ltd company (with the associated tax advantages) I am "probably" not able to claim AWR?

Most agents and clientco's do not know or care about a contractor tax affairs - and thus AWR rights could probably be claimed without them challenging it.

If being a Ltd company does not automatically mean you are outside IR35, it follows that an agency/clientco should not assume you don't have AWR rights just because you are a Ltd company?

[MyUserName]

TBH this sounds like a windup

[LisaContractorUmbrella]

Pauly - are you working inside or outside IR35?

[cojak]

And I think that the client might have made the right decision...