Hi all, long time lurker first time poster. I'm not looking for free legal advice, just an opinion from anyone in a similar position
I got diagnosed with a chronic illness 3 years ago and 12 months later I left a C level position to go freelance, exclusively to control my work schedule. I wanted to decide when and where I work depending on how well I feel.
I started a limited company and was offered 90 days of work from an old colleague who had an expanding business. This work was the form of a purchase order which I did at my own pace and schedule. His business started to boom and the short story is that I have now invoiced 300+ days. These have all been on a purchase order basis. I have always decided when and where to work and I am not line managed in any way and I decide how to complete the work. I have spent more than half the time at the same customer site who know that I am a subcontractor working with my client. I am not on any internal client employee lists and just have a company email for convenience. I do not go to the Christmas Party.
I have looked at the IR35 guides online but cannot relate my situation to a normal contractor relationship. I have a Confirmation of Arrangements document that explicitly states that I can engage a substitute and I have often considered doing so to make a precedent but have not seen the point for actual business reasons as I can work when I like. It would not be a problem if I vouched for the resource and trained them at my cost.
My friend wants to engage me for another year but I am nervous about the IR35 position. This is good business for me and my friend but not so good that I would risk an IR35 investigation. I am confident that I could find other freelance work as I am known in my field.
Any advice or experience would be most welcome.
I got diagnosed with a chronic illness 3 years ago and 12 months later I left a C level position to go freelance, exclusively to control my work schedule. I wanted to decide when and where I work depending on how well I feel.
I started a limited company and was offered 90 days of work from an old colleague who had an expanding business. This work was the form of a purchase order which I did at my own pace and schedule. His business started to boom and the short story is that I have now invoiced 300+ days. These have all been on a purchase order basis. I have always decided when and where to work and I am not line managed in any way and I decide how to complete the work. I have spent more than half the time at the same customer site who know that I am a subcontractor working with my client. I am not on any internal client employee lists and just have a company email for convenience. I do not go to the Christmas Party.
I have looked at the IR35 guides online but cannot relate my situation to a normal contractor relationship. I have a Confirmation of Arrangements document that explicitly states that I can engage a substitute and I have often considered doing so to make a precedent but have not seen the point for actual business reasons as I can work when I like. It would not be a problem if I vouched for the resource and trained them at my cost.
My friend wants to engage me for another year but I am nervous about the IR35 position. This is good business for me and my friend but not so good that I would risk an IR35 investigation. I am confident that I could find other freelance work as I am known in my field.
Any advice or experience would be most welcome.
Comment