• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Another case lost

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Another case lost

    http://www.contractoruk.com/news/003816.html


    "This evidence came from Stephen Prentice and Derek Gigg, two IT managers at Gerling, the latter of whom was right when he claimed Shepherd became “part of the scenery” at the firm, the SC said. "

    Well that was nice of him wasn't it

    #2
    "Experts say that his failure to look for alternative work near to the end of his contracts implied that, like an employee, the IT contractor would accept whatever work Gerling provided."

    "he worked at the same desk and for the same client for over six years and this was held to embed him into the business"

    "Shepherd himself appears to have nailed his own coffin tightly shut given he previously told HMRC he inserted the substitution clause to move his assignment away from “falling within IR35.”"

    So look for other roles, don't do too long at same gig and be careful what you say to HMRC. Any other lessons?

    Comment


      #3
      Anyone on the same site for 6 years is an employee IMHO. He's probably seen a fair few permies come and go in that time.

      Cometh the 24 month rule all proper contractors leave.
      The court heard Darren Upton had written a letter to Judge Sally Cahill QC saying he wasn’t “a typical inmate of prison”.

      But the judge said: “That simply demonstrates your arrogance continues. You are typical. Inmates of prison are people who are dishonest. You are a thoroughly dishonestly man motivated by your own selfish greed.”

      Comment


        #4
        Originally posted by oracleslave View Post
        http://www.contractoruk.com/news/003816.html


        "This evidence came from Stephen Prentice and Derek Gigg, two IT managers at Gerling, the latter of whom was right when he claimed Shepherd became “part of the scenery” at the firm, the SC said. "

        Well that was nice of him wasn't it
        Sadly, I actually agree with the SC. Looking at the totality of the situation, the contractor exactly trying to behave as an indepedent supplier, was he? Big pointers to D&C, reasnable case for there bueing Mutuality, pretty feeble RoS and that out of scope anyway.

        You want to be a freelance, you have to work like one, not just say you are.
        Blog? What blog...?

        Comment


          #5
          Originally posted by malvolio View Post
          You want to be a freelance, you have to work like one, not just say you are.
          Can I ask specifically what you think he should have done differently?

          Comment


            #6
            Originally posted by BrilloPad View Post
            Can I ask specifically what you think he should have done differently?
            If you're working that long for one client then there will be quite spells.
            Use that time to go and work for other clients, even if you're only doing a couple of days a month somewhere else, its still better than nothing.

            Of course after 2-3 year working constantly for one client you've probably lost the close contacts you'll need to pick up smaller ad hoc direct work.
            Coffee's for closers

            Comment


              #7
              Originally posted by malvolio View Post
              Sadly, I actually agree with the SC. Looking at the totality of the situation, the contractor exactly trying to behave as an indepedent supplier, was he? Big pointers to D&C, reasnable case for there bueing Mutuality, pretty feeble RoS and that out of scope anyway.

              You want to be a freelance, you have to work like one, not just say you are.
              I don't really disagree with the ruling either. It did make me ponder the following though: If I was a manager and asked the question in a situation such as the above would I burn a contractor that had worked for me for 6 years?

              Comment


                #8
                He only has to pay 2 years worth of employment tax.
                So does that mean he only treated himself as outside ir35 for the last two years or have lthey let him off relatively lightly?

                Comment


                  #9
                  Originally posted by malvolio View Post
                  Sadly, I actually agree with the SC. Looking at the totality of the situation, the contractor exactly trying to behave as an indepedent supplier, was he? Big pointers to D&C, reasnable case for there bueing Mutuality, pretty feeble RoS and that out of scope anyway.

                  You want to be a freelance, you have to work like one, not just say you are.
                  But if the culture of the client is that all contractors are seen as permatemps anyway, they will never treat you differently irrespective of how IBOYOA you try to be whilst on-site.

                  Comment


                    #10
                    Originally posted by Chugnut View Post
                    But if the culture of the client is that all contractors are seen as permatemps anyway, they will never treat you differently irrespective of how IBOYOA you try to be whilst on-site.
                    Then take another contract somewhere that isn't. If the environment is 100% perma-temp I'm not interested anyway. You may as well be a permie there and get sick pay, pension, company car, paid holidays, maternity/paternity, some training, life insurance, private medical/dental etc.

                    Comment

                    Working...
                    X