IR35 concerns IR35 concerns
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Thread: IR35 concerns

  1. #1

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    Default IR35 concerns

    Hello some general advice please.

    I have been in my current contract for 1 year due to 3 extensions; the business recently put out a news statement about building out the team with 7 new Hires. They have mentioned me on this and not specifically mentioned I am a contractor, they just pretty much insinuated i joined the team. Now they have booked a photographer to do head-shots for the website of the 7 new hires and again I am included.

    This concerns me, I don't want to seem awkward with them but should I point out as a contractor i shouldn't be included in such news updates and certainly not presented as part of the team on their corporate website?

    Advice welcome.

  2. #2

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    I'd also be pretty concerned in that situation. I find it hard to understand why clients want to include contractors in this type of thing. It smacks of not understanding what the contractor is there for which is the root of the problem I guess.

    I'd have a sit down with them and explain the situation and ask them why they want you on this when you are just a contingent worker providing skills they don't have. See what they have to say. If they give you the impression you are indeed a long term resource and part of the team I'd start worrying about your status. If they understand what you are but say something along the lines of you have to go on as you are there at the moment and have to be visible etc then maybe you are OK and it's just some corporate bollox you are stuck with.

    See if they can put (contractor) or (temporary) under your name or something to differentiate you from the perms.

    Whatever happens I'd be re-evaluating the whole gig again just in case.
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    Quote Originally Posted by CSC View Post
    Hello some general advice please.

    I have been in my current contract for 1 year due to 3 extensions; the business recently put out a news statement about building out the team with 7 new Hires. They have mentioned me on this and not specifically mentioned I am a contractor, they just pretty much insinuated i joined the team. Now they have booked a photographer to do head-shots for the website of the 7 new hires and again I am included.

    This concerns me, I don't want to seem awkward with them but should I point out as a contractor i shouldn't be included in such news updates and certainly not presented as part of the team on their corporate website?

    Advice welcome.
    When you see team, do you mean project team or operational team or just staff team?

    I would say that you are happy to be in the photo, if your companny name appears after your name. It is what a 'proper' consultancy would do (probably).
    Where there's muck there's brass.

  4. #4

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    Quote Originally Posted by northernladyuk View Post
    It is what a 'proper' consultancy would do (probably).
    It's not uncommon to list major customers, but even listing corporate suppliers is odd.

    It's not likely to be definitive w/r to the IR35 status of your contract, but it points in a bad direction so, sure, you should be worried. You don't want to appear on their bloody website, unless it's YourCo as a supplier (which would be odd). Having a mugshot on the "team" page screams of being part and parcel.

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    Old Greg is my bitch's bitch

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    Quote Originally Posted by jamesbrown View Post
    It's not uncommon to list major customers, but even listing corporate suppliers is odd.

    It's not likely to be definitive w/r to the IR35 status of your contract, but it points in a bad direction so, sure, you should be worried. You don't want to appear on their bloody website, unless it's YourCo as a supplier (which would be odd). Having a mugshot on the "team" page screams of being part and parcel.
    I agree - it's symptomatic rather than definitive. Sometimes you need to deal with the symptoms.
    Where there's muck there's brass.

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    Use your right of substitution to provide a lookalike for the photoshoot, on grounds they haven't paid you an appearance fee, which would be at least a 5 figure lump sum.
    Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

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    When I worked with Virgin Money once, they wanted 'the team' to add a bio and upload a picture of themselves as the permies had to, so people in the organisation knew who they were dealing with.

    It surprised me the number of contractors who complied (although 2 contractors had been there for over 7 years!). I just ignored it completely. Never had any comeback (although they didnt keep me for 7 years, thank god!).

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    Quote Originally Posted by washed up contractor View Post
    When I worked with Virgin Money once, they wanted 'the team' to add a bio and upload a picture of themselves as the permies had to, so people in the organisation knew who they were dealing with.

    It surprised me the number of contractors who complied (although 2 contractors had been there for over 7 years!). I just ignored it completely. Never had any comeback (although they didnt keep me for 7 years, thank god!).
    I would have done one and made it clear in every sentence I was a contractor e.g. I have been contracting here since May 2017 in the xx department. As a contractor when I'm not busy developing my business and skills I enjoy hill walking.

    In fact with many of my client's if there is a directory with a profile I have to complete I make it very clear I'm a contractor.
    "You’re just a bad memory who doesn’t know when to go away" JR

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    My current client co has mugshots so people know who is who when communicating online (conference calls/instant chat/emails etc). There's even a rogues gallery of them on display near the entrance.

    They did pester me for a while about getting a mugshot taken but just ignored it so they just have a generic shadow outline for me when I'm participating in online conference calls.

    Not bothered to check if they've pinned it up on their rogues gallery, rarely on site.

    Not really considered the IR35 aspect as I'm classed as inside anyway.
    Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

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