My post count is Majestic

Originally Posted by
Cyc1one
Perhaps I've always misunderstood IR35, but it says nothing about who should be doing a role. It's only interested in whether you are in fact a hidden employee and not an independent.
Now, the role won't change, but many things that mean I'm not currently an employee will change. There's the obvious like the right to substitution, holiday pay, sick pay, there will be objectives and reviews, company meetings to which I'd become invited, I'd have to ask to book holiday instead of informing that I won't be there, amount of time absent will be limited and monitored, etc, etc... These are the indicators that I've been lead to believe differentiate between in/out of IR35.
Still, keeping the IR35 investigation insurance running isn't a bad idea.
Just the fact you are calling it a role is bad. Contractors don't fill roles.
But if you've got all those in that list then you should be OK. They are minor flags but should be enough to have a case. Its your direction and control and MoO that would really clear you. As long as you've not been letting them do that and you have paperwork such as a SoW to back it up then you should have enough.
'CUK forum personality of 2011 - Winner - Yes really!!!!
