IR35, no pension no this and that am I out?

[Mart001]

IR35… is there any arguments that put you outside of IR35 from the start.

Like as an agent you’re not entitled to the company’s pension scheme, the company has a scheme where you can book courses i.e. a language college class, windsurfing lesson etc and they pay but as an agent your omitted, your Id card is clearly defined as agent and perms are defined clearly as staff.

The work is on yearly contracts 9-5 through an intermediary, I don’t have a set number of holiday days and can book time of as and when I want.

Do you think I should seek further advice? thanks

[Hex]

yes

Search for contract reviews.

[LisaContractorUmbrella]

The fact that you have no employee benefits will not automatically put you outside of IR35. Commissioners in a couple of IR35 cases have stated that increased rates compensate for lack of employee benefits and job security and therefore does not count in determining your status.

[Mart001]

... its all ambiguous, my rates are not increased from that of regular employees either, in fact at the moment they are below and I'm fighting to get this changed or I'm off,

bit unfair that you could be deemed as an employee by the law and HR but yet the client has no responsibility to take you on as such, thus does not have to supply all the emplyeee benefits

I think I will get sjd to check it.