Reply to: IR35 unfriendly wording

[DirtyDog]

This being the case, doesn't that render all contract review services utterly pointless?

No. If the contract is worded such that it is clear that you are an employee, then there is no wriggle room - you are an employee and need to be inside IR35.

If the contract is worded such that there is ambiguity, or is worded so that it is clear that there is no intention for you to be an employee, then there is room to argue one way or the other, which is where the IR35 arguments happen.

[MyUserName]

This being the case, doesn't that render all contract review services utterly pointless?

Don't the reviews happen before the contract is accepted? Therefore the actual working practices will not be known at that point.

[Platypus]

IR35 is determined on the working conditions, not the wording of the contract.

This being the case, doesn't that render all contract review services utterly pointless?

[No2politics]

IR35 unfriendly wording

Mind you since I started I was told I was the developer, then that the development was being off shored and I was the BA. Then I was told I was to work out of Cambridge on site with one of the suppliers as a BA/Consultant.

This week I'm back to being BA, but with shades of PM. Next week, who knows.

.

In other words direction and control

[suityou01]

Isn't part of your role to organise things better?

I would that it were. If it was we wouldn't be in this mess. I'm "managing upwards". Sometimes you just have to sit tight, and gently point the arrows in the direction of the poop, rather than pointing and yelling "poop!".

Mind you since I started I was told I was the developer, then that the development was being off shored and I was the BA. Then I was told I was to work out of Cambridge on site with one of the suppliers as a BA/Consultant.

This week I'm back to being BA, but with shades of PM. Next week, who knows.

All that matters is the invoice.

[d000hg]

Well I can't see why you are asking me to take responsibility for their lack of organisation

Isn't part of your role to organise things better?

[suityou01]

Whereas being told by the client to take 2 weeks off unpaid would not.

Well I can't see why you are asking me to take responsibility for their lack of organisation unless that is a poor trolling attempt.

You don't understand what you're talking about, and in this case to talk about "The client" doesn't make sense as there is more than one. It's complicated.

However I managed to invoice 10/12 months last year, and so far have 100% working billable days for 2014 so I'm trying to keep chipper.

[eek]

Whereas being told by the client to take 2 weeks off unpaid would not.

Yep. I've never been asked that in 18 years (of contracting, granted with 5 years as a permie in the middle). In fact I usually get what extra hours can you do to try and resolve this mess...

[d000hg]

So for a contractor, the ability to keeeeeeeep invoicing could be measured as success?

Whereas being told by the client to take 2 weeks off unpaid would not.

[suityou01]

For a contractor success is a problem. Success means a potential end date while chaos (i.e. the state between success and failure) is where the money is.....

So for a contractor, the ability to keeeeeeeep invoicing could be measured as success?

[eek]

Define success?

For a contractor success is a problem. Success means a potential end date while chaos (i.e. the state between success and failure) is where the money is.....

[suityou01]

So everything you do ends up in failure?

Define success?

Success is not final...Failure is not fatal...it's the courage to continue that counts

[eek]

My enthusiasm is fine

So everything you do ends up in failure?

[suityou01]

Success is the ability to go from failure to failure without losing your enthusiasm

My enthusiasm is fine

[d000hg]

Bashing bashing.

The rate us good. Wanted to know if taking out an insurance on a failed contract could possibly work.

If you want to know about failed contracts, just ask SY01.

PCG membership is also unconditional. However if the case - should it happen - is clearly unwinnable, their advisors will tell you so before wasting too many hours in court. I have no doubt QDOS would take the same approach.

I had assumed if you were with PCG(+ ?) you had to have contracts reviewed to be eligible. If not, that's rather nice... but don't you have to sign somewhere something like "to the best of my knowledge..." or "I see know reason why..." "this contract would fall inside IR35"?