Set up company or go umbrella?

[mike67]

Regardless of public or private sector, IMHO if you are considering switching mid-contract, probably best to discuss with the agency at the start and check whether they are happy to do it. Friend of mine about two months ago wanted to switch and the agency point blank refused to agree it mid-assignment (and it was a private sector outside IR35 role).

[northernladuk]

Regardless of public or private sector, IMHO if you are considering switching mid-contract, probably best to discuss with the agency at the start and check whether they are happy to do it. Friend of mine about two months ago wanted to switch and the agency point blank refused to agree it mid-assignment (and it was a private sector outside IR35 role).

Nah it's quite different surely. Lots of responsibilities and risk with a PS. With private they just contract and pay a different entity. Makes no difference to them.

[TheFaQQer]

In my experience, agencies are reluctant to allow people to switch from umbrella to limited mid-assignment as it increases risks of IR35 investigation.

Is there any basis for this idea?

[jmhsesolutions]

Switching from brolly to ltd

Maybe the landscape back in 2005 was different but that's exactly what I did when I first started. I landed a contract, had no idea what I was doing, so went with a brolly for three months while I worked it all out and set up my LtdCo. I then transferred my contract over to my LtdCo and the agency were absolutely fine about it. It was public sector, too, local county council.

I am with a brolly (Paystream) and have been so for 7 weeks. I want to switch to ltd whilst still working for the same client because I signed up with Paystream to see if contracting was something for me. But the Paystream contract has a Post Employment Contract Restriction that seems to prevent me from switching to my own company. Did you have this problem?

[webberg]

I am with a brolly (Paystream) and have been so for 7 weeks. I want to switch to ltd whilst still working for the same client because I signed up with Paystream to see if contracting was something for me. But the Paystream contract has a Post Employment Contract Restriction that seems to prevent me from switching to my own company. Did you have this problem?

I'm not a lawyer so perhaps this is a silly question.

Is that restrictive clause legal under UK or EU law?

[lucyclarityumbrella]

But the Paystream contract has a Post Employment Contract Restriction that seems to prevent me from switching to my own company. Did you have this problem?

What does the restriction actually say?

[ladymuck]

I am with a brolly (Paystream) and have been so for 7 weeks. I want to switch to ltd whilst still working for the same client because I signed up with Paystream to see if contracting was something for me. But the Paystream contract has a Post Employment Contract Restriction that seems to prevent me from switching to my own company. Did you have this problem?

I guess not as I was able to switch over without any problems. However, that was 13 years ago... I only keep records for 7