From permanent to contract in the same company

[BlasterBates]

...are you still in Switzerland Bob ?

[bobhope]

employee - contractor exclusion clause

The bank where I worked as a permie has a 2 year ban on former employees working as contractors anywhere in the world. That wasn't in the employment contract either, like a few other things too. I had been a contractor for 6 years and forgotten the joys of permiedoom. I lasted 6 months before leaving.

Bah.

[VectraMan]

A contractor where I work did this. I don't think he really intended it, he left the company and was going to take time off and then look for contract roles, came in for a visit and was offered a contract job. The company were looking for a contractor for a specific job anyway and someone who knows the system is obviously an advantage, and no agency fees to pay.

He's not even trying to avoid IR35, in fact he's a sole trader..... Alarm bells ringing yet? I reckon because he's a sole trader and because of his previous employment he'd almost certainly be seen as an employee for all those pesky employment rights. He'd probably even get redundancy based on the time he originally started. Clearly my client aren't that clued up on using contractors.

I would think most employers would see that as a risk even if you were a Ltd.

[Fungus]

At the last client site they laid some people off, and gave others early retirement. Well, they found out a month or two later that they needed their skills, so lo and behold who should pop up, but the laid off workers, but this time as contractors. They seemed happy about it. But it is rare. Most companies seem to have clauses in the contract that expressly forbid it, including moving to another site as a contractor.

[Ardesco]

DO IT!!!

You'll have the IR rubbing thier drty little mits all the way to your bank account

[Bovvered]

Does this make you a strong candidate for IR35 in this
situation?

ffs, need you ask?

[Francko]

Don't do it. I tried it once. Never again

What happened Bob, am curious.

[hyperD]

Not seen it in IT but certainly in O&G/Engineering companies.

[bobhope]

From contract to permanent in the same company

Don't do it. I tried it once. Never again

[Mordac]

Well, IR35 was allegedly introduced to stop this sort of Friday to Monday shenanigans .

The only times I have ever seen this (Friday-Monday contractors) happen, it was the companies who were pushing for it, to reduce their official headcount. Ironic really.

[milanbenes]

yes it happened to me, long long ago it made for a very comfortable transition into contracting, special circumstances enabled it to happen...

those days of the dot com times eh. i was offered a contract, elsewhere,
told the chief, match it or I am orf

the rest is history

them were the days

Milan.

[Spartacus]

Well, IR35 was allegedly introduced to stop this sort of Friday to Monday shenanigans so unless your working practices changed dramatically you would find it difficult to construct a case I think.

[Francko]

I know this is quite rare for obvious political reasons (and for fear that other permies will follow the path).

But has this actually happened to you (ok, perhaps in a small company is easier)? Any experience?

Does this make you a strong candidate for IR35 in this situation?