My client has yet to inform me of their verdict on the state of my contractual working practices...ie. if I am in or out of IR35.
My concerns with all of this are because my contract is clearly outside of IR35, and has been reviewed and approved. However the people making this decision are in HR and removed from our office and project. It is ridiculous! Plus, because it is easier (for me) I have worked standard hours for the 2 years I have been here. Granted my hours are chosen by me, and are different to the start/finish times (and duration) of others in the office, but for someone removed from the situation, it might look like I am controlled in my hours. Plus due to ease, I use client equipment and work on client site, however I do not have to; my contract stipulates as such, I have just chosen not to enforce the contract because it is easier (for me).
Does anyone know what the appeal process is, if you do not agree with the client verdict? My (current) plan, should they come down with an inside ruling is to begin enforcing the contract. I will stagger my hours, switch to my own equipment. If I have to I will send in a sub but it is more convenient for me, not to. Either way I know that I can demonstrate I am not controlled and outside IR35. So in that I am not concerned.
I am just unsure of how I go about appealing. Of course they (may) come back with an outside verdict and I carry on as normal.
Cheers.
My concerns with all of this are because my contract is clearly outside of IR35, and has been reviewed and approved. However the people making this decision are in HR and removed from our office and project. It is ridiculous! Plus, because it is easier (for me) I have worked standard hours for the 2 years I have been here. Granted my hours are chosen by me, and are different to the start/finish times (and duration) of others in the office, but for someone removed from the situation, it might look like I am controlled in my hours. Plus due to ease, I use client equipment and work on client site, however I do not have to; my contract stipulates as such, I have just chosen not to enforce the contract because it is easier (for me).
Does anyone know what the appeal process is, if you do not agree with the client verdict? My (current) plan, should they come down with an inside ruling is to begin enforcing the contract. I will stagger my hours, switch to my own equipment. If I have to I will send in a sub but it is more convenient for me, not to. Either way I know that I can demonstrate I am not controlled and outside IR35. So in that I am not concerned.
I am just unsure of how I go about appealing. Of course they (may) come back with an outside verdict and I carry on as normal.
Cheers.
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