Originally posted by jamesbrown
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Being a GM and IR35
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Originally posted by Boston4315 View PostI was keen to understand what other people's views were on the hope that I might get a better understanding of the rules, or confirmation that I'm on the right track. Would prefer to not waste money on a legal review if its a non starter.
I've reviewed it and had it legally reviewed and it falls outside IR35.
That is what you should do. There's nothing we can provide you with here that will clarify, improve or replace that expert opinion because the reviewer is an expert and they have all the facts.Comment
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Originally posted by jamesbrown View PostWhat did you mean by this, then?
So you haven't had an IR35 review (contract and working practices) by an IR35 expert?
That is what you should do. There's nothing we can provide you with here that will clarify, improve or replace that expert opinion because the reviewer is an expert and they have all the facts.Comment
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Originally posted by Boston4315 View PostJB, what is the position if ClientCo is doing the assessment? I.e it's not small?Comment
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Originally posted by Boston4315 View PostAll of the contract has been reviewed with the exception of the scope of service,which hasn't been finalised yet.Comment
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The lack of input into employee holidays, performance management etc. is not an indicator against IR35. Plenty of managers at senior level are not involved with "pay and rations".Down with racism. Long live miscegenation!Comment
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Originally posted by eek View Postalready answered
I’m not so sure is it is yet either.
The OP asks what the position would be.
For me this is the most important question as it’s about long term liability and therefore any discussion now could well be moot.
If the client is large then OP should get the SDS now. That’s reasonable given the proximity of the change.
Of the client is small then the OP needs to get the paperwork finalised and a proper review done, and ensure the client is aware that the working practises will meet the contracted terms.
For me though, the biggest alarm bell, is a senior manager position, outside IR35, and the OP not dictating the terms of the engagement. Something on that doesn’t stack up.
In my experience, when a consultant provides intern senior management they dictate the whole thing.See You Next TuesdayComment
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This is an interesting position where I am absolutely certain the OP will get an outside determination but I'm pretty sure they'll lose if they get caught. I struggle to see how a position like that can be outside but as long as it gets the relevant clauses in the contract I expect it will pass.
If the OP is doing hisn own CEST I'm sure it will say outside as people are generally not being realistic when ticking the boxes.
IMO this is a nightmare role IR35 wise and I'd be doing everything I could to avoid it.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by northernladuk View PostThis is an interesting position where I am absolutely certain the OP will get an outside determination but I'm pretty sure they'll lose if they get caught. I struggle to see how a position like that can be outside but as long as it gets the relevant clauses in the contract I expect it will pass.
If the OP is doing hisn own CEST I'm sure it will say outside as people are generally not being realistic when ticking the boxes.
IMO this is a nightmare role IR35 wise and I'd be doing everything I could to avoid it.
But I have met across the years many interim managers and most of them are pretty switched on (as you'd expect). IR35 clearly has this sort of role as its target, but whether it can be made to stick (it hasn't so far) is a different question. Hence why the client size and SDS are key. If the client is small then the changes will be BAU for these people, but most small companies can't afford to pay £1k+ a day.See You Next TuesdayComment
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It's really very simple and there can be no doubt that a general manager role is by it's very name part and parcel of the company. I think declaring outside of IR35 for a role like this is very high risk. The chances of being caught? Probably low, but make no mistake, it's likely to be absolutely part and parcel of company management. Is it a risk worth taking?Public Service Posting by the BBC - Bloggs Bulls**t Corp.
Officially CUK certified - Thick as f**k.Comment
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