Originally posted by jamesbrown
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Legal action / Mislead contract was outside IR35
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Originally posted by cyborg1337 View PostI'll give you guys a few examples.
1. You finish your contract and they put a perm in your place. That's something you would only know right at the very end.
2. You work from where you want to, nobody says anything; People change, many many months later your are challenged over this.
3. You're encouraged to do ad-hoc work which is outside of the agreed initial agreed deliverables.
4. A year in someone new tries to become your manager.
2. irrelevant until the challenge comes.
3. That's just stupid.
4. you had a manager and didn't think you were inside.
Those aren't examples for anything except further evidence that you don't seem to understand the old (prior to April 2020) rules of the game..merely at clientco for the entertainmentComment
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Originally posted by cyborg1337 View PostI didn't determine this to be outside. I was told this is outside IR35 by the agency (the paperwork was also reviewed professionally and deemed to be outside).
However in actual practice my treatment has been very much inside. So I see this as quite dishonest from the suppliers part.
i want to flag this to HMRC and I want to take legal action against the supplier for misleading.
You’re the supplier.
If you cause them trouble you will end up in a world of pain. This is very much your problem, not theirs. Forget it and move on..See You Next TuesdayComment
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Originally posted by cyborg1337 View PostYeah, so I did that and my contract got ended But what a waste a time and resources for everyone!
It should've become clear to you after a couple of weeks whether the contract reflected reality. Either it did or it didn't. If the reality of the WPs only stopped reflecting the contract after a year, fine, but then we wouldn't still be having this discussion. Your contract would've moved from outside to inside and you would have the evidence for that and you wouldn't be looking back over your contract with hindsight and worrying, knowing that you were inside all along.
Is there anything else to discuss here? Seems like you admit the back taxes need to be paid. I wouldn't bother trying to sue the agent for material breach, but that's your call (and money).Comment
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Originally posted by eek View Post1. irrelevant unless there was another permie doing the same job at the same time. Even if you replaced a permanent person as you arrived and were fired as the replacement as found it's possible to argue it was an outside contract provided you do things correctly..
2. irrelevant until the challenge comes.
3. That's just stupid.
4. you had a manager and didn't think you were inside.
Those aren't examples for anything except further evidence that you don't seem to understand the old (prior to April 2020) rules of the game..
2. Exactly, until the time comes!
3. Not really.
4. I never had a manger, he tried to act like my manager (very late in the contract).
When I pushed back I got my contract ended.
But can you guys see how you can be in a place for a while without much problem and then things get sh*t near the end.Comment
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Originally posted by cyborg1337 View PostI'll give you guys a few examples.
1. You finish your contract and they put a perm in your place or vice versa.
2. You work from where you want to, nobody says anything; People change, many, many months later your are challenged over this.
3. You're encouraged to do ad-hoc work which is outside of the agreed initial agreed deliverables.
4. A year in someone new tries to become your manager.Comment
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Originally posted by jamesbrown View PostAfter a year?
It should've become clear to you after a couple of weeks whether the contract reflected reality. Either it did or it didn't. If the reality of the WPs only stopped reflecting the contract after a year, fine, but then we wouldn't still be having this discussion. Your contract would've moved from outside to inside and you would have the evidence for that and you wouldn't be looking back over your contract with hindsight and worrying, knowing that you were inside all along.
Is there anything else to discuss here? Seems like you admit the back taxes need to be paid. I wouldn't bother trying to sue the agent for material breach, but that's your call (and money).merely at clientco for the entertainmentComment
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Originally posted by cyborg1337 View Post1. That's a grey area.
2. Exactly, until the time comes!
3. Not really.
4. I never had a manger, he tried to act like my manager (very late in the contract).
When I pushed back I got my contract ended.
But can you guys see how you can be in a place for a while without much problem and then things get sh*t near the end.
Oh and a pile of reasons why most companies are blanketing everything as inside IR35 as they can't trust their own staff not to screw things up and drag people inside with the help of less clueful contractors...merely at clientco for the entertainmentComment
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Originally posted by eek View PostAll I've seen here is reasons why Rishi Sunak is correct in his statement last night - the old approach wasn't working and a lot of people (including the OP) were abusing the rules https://www.contractoruk.com/forums/...r-changes.htmlComment
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Originally posted by eek View PostNo - all I'm seeing is reasons why contractors should never have been allowed to make the decision as to whether a contract is inside or outside IR35.
Oh and a pile of reasons why most companies are blanketing everything as inside IR35 as they can't trust their own staff not to screw things up and drag people inside with the help of less clueful contractors...
I'm prepared to own and pay for my mistakes, it just bothers me that companies get away so easily (well let's see what happens).Comment
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