Reply to: "agency workers" to get "employment" rights after 12 weeks?

[Sockpuppet]

I think it might be a good thing. Until now there has been no financial incentive for a client to offer contracts which are outside IR35. If being a disguised employee can be seen as being a temp and as a result the contractor could have a case for employment rights, then possibly there is the chance that the client might have a financial incentive to only allow contractors who fall way outside IR35.

I like your thinking.

As an aside this won't help temps. We have hundreds of temp temployees on this site. After 11 weeks and 6 days we'll just bin them and get new ones.

[BoredBloke]

I think it might be a good thing. Until now there has been no financial incentive for a client to offer contracts which are outside IR35. If being a disguised employee can be seen as being a temp and as a result the contractor could have a case for employment rights, then possibly there is the chance that the client might have a financial incentive to only allow contractors who fall way outside IR35.

[Churchill]

With the raft of concerns from clients about contractors acquiring employment rights if they go direct then surely this is just adding even further confusion for all parties?

The government and HMRC needs their heads banged together to sort out UK employment law and taxation properly very quickly. If the contract markets goes t*ts up in the UK then a lot of us will up sticks and go elsewhere in the world to ply our trade.

There are plenty of foreign workers willing to come to this country, just say the word and I'll have a coach load of enthusiastic, highly qualified and experienced Romanians/Poles/Russians outside your company.

Churchill - In "DodgyAgent wannabe" mode!

[boxman]

With the raft of concerns from clients about contractors acquiring employment rights if they go direct then surely this is just adding even further confusion for all parties?

The government and HMRC needs their heads banged together to sort out UK employment law and taxation properly very quickly. If the contract markets goes t*ts up in the UK then a lot of us will up sticks and go elsewhere in the world to ply our trade.

[Sockpuppet]

What makes you say that SP? Surely consultancies can not be classed as agencies

In that case neither can Ltds going direct!

This will only make ClientCos stay away from Agencies.

[FarmerPalmer]

Could this be a backdoor method of closing down umberella companies ?

and then the "Service Companies" question on personal tax returns to
trying to find the small businesses that they can get more revenue from.

[Dow Jones]

Why?

Hmm.

Otherwise then it would also be the end for enture and KPMG etc.

Boomed I say.

What makes you say that SP? Surely consultancies can not be classed as agencies

[Sockpuppet]

Hmm.

I'm not really bothered about this. Infact it could be a good thing.

The way I see it the only people who are affected are people who want to basically be an employee but try and claim they are a business / contractor to get the money.

This could kill the need for agencies. If they prove too expensive the rise of the direct contract could be a good idea. I'm sure some enterprising young individual will work out a way of flogging ltd co services direct to client co without being an agency.

Otherwise then it would also be the end for enture and KPMG etc.

Boomed I say.

[Marina]

The EU angle is better covered <removed>

If any contractors are still EU fans, perhaps this will give them pause for thought.

[Alf W]

I don't see how it can be enforced on Ltd Co Contractors. I am a full time employee of MyCo Ltd not a temp.

[Marina]

Apparently (if the Government is to be believed) much of the impetus for this agency rights thing is to preempt an EU agency rights proposal currently being prepared (by Slovenia, of all tinpot countries )

[Likely]

They are actually selling this law as something good for contractors ? i.e Agency workers "not being treated equally" is a bad thing they suggest. Hence need to change. WTF ?

[Dow Jones]

Please tell us

If you've opted out, surely you are safe. I'd like to see the look on the faces of those who were dead certain about 'opting-in'. Anyone here?

[BoredBloke]

They were reporting on Shout99 that us disguised employees would not be included in the legislation, but until it is actually released, nobody will know. Personally I think that getting parity to permie wages after 12 weeks is a bad move as I couldn't afford the drop.

[DimPrawn]

and the consensus was:

A. This will apply to IT Contractors. Doomed.

B. There will be an opt out for IT Contractors / It won't apply. Boomed.


This is pretty important. Someone must know.