Been away from UK for a while (7 years) and just catching up on latest IR35 information. I know you should get your contract reviewed from QDOS, but unless contracting in a clients workplace has changed dramatically I still think a huge amount of people would fall inside IR35 and are just hoping for the best. I mean HMRC can investigate you for last 20 years of taxes.
For example say you are a C# developer on a 6 month contract hired through an agency after having an interview (like a permie) at a clients office
1. Substitution
Would the client really except somebody else from your LTD company turning up for the day and doing your work? What about if you take a day off? You should really supply a replacement for yourself. I wonder if this has ever happened in reality
2. SDC
You undertake pair programming as part of the contract (I’ve seen this advertised in many roles), is this a form of supervision, who knows? Do you decline?
The client tells you that you need to “do” a piece of code in a certain way to follow company practices, is this direction?
Your contract states you have been engaged to create a banking portal backend. The project is held up by 2 days, the client asks if you can help out on another project? Do you say no, I can’t or I would need a new contract? Or leave for those 2 days unpaid
Most of the job ads I see on Indeed for example read like disguised permanent roles
“learning from and passing knowledge to like-minded and talented colleagues”
“Share and seek knowledge to enhance the output of the team”
“Work to deadlines”
“Share options in a rapidly growing company”
“You will need to work closely with our Senior Developer to successfully implement the company requirements”
For example say you are a C# developer on a 6 month contract hired through an agency after having an interview (like a permie) at a clients office
1. Substitution
Would the client really except somebody else from your LTD company turning up for the day and doing your work? What about if you take a day off? You should really supply a replacement for yourself. I wonder if this has ever happened in reality
2. SDC
You undertake pair programming as part of the contract (I’ve seen this advertised in many roles), is this a form of supervision, who knows? Do you decline?
The client tells you that you need to “do” a piece of code in a certain way to follow company practices, is this direction?
Your contract states you have been engaged to create a banking portal backend. The project is held up by 2 days, the client asks if you can help out on another project? Do you say no, I can’t or I would need a new contract? Or leave for those 2 days unpaid
Most of the job ads I see on Indeed for example read like disguised permanent roles
“learning from and passing knowledge to like-minded and talented colleagues”
“Share and seek knowledge to enhance the output of the team”
“Work to deadlines”
“Share options in a rapidly growing company”
“You will need to work closely with our Senior Developer to successfully implement the company requirements”
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