Can anyone point me in the direction of some official documentation pertaining to my rights if i have been contracting at the same site EVERY day for more than 2 year? - some twat is being a bit pedantic with me
- 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!
contracting for 2 years...
Collapse
X
-
contracting for 2 years...
"Fish is the only food that is considered spoiled once it smells like what it is."
- PJ O'Rourke -
it depends - are you inside or outside of IR35?"I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
- Voltaire/Benjamin Franklin/Anne Frank... -
(also the only 'twats' you need to answer to are the HMRCE...)"I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
- Voltaire/Benjamin Franklin/Anne Frank...Comment
-
job is inside ir35 - i.e. it is a contractor doing a permie job"Fish is the only food that is considered spoiled once it smells like what it is."
- PJ O'RourkeComment
-
-
Tell us what the twat is being padantic about?
However Im sure the only official document you need to concern yourself is that little one called "your contract"*
Mailman
*plus any other pile of dung her majesties government wishes to impose upon you at their will.Comment
-
Originally posted by MailmanTell us what the twat is being padantic about?
However Im sure the only official document you need to concern yourself is that little one called "your contract"*
Mailman
*plus any other pile of dung her majesties government wishes to impose upon you at their will.
Unless of course you are trying to argue that you *have* rights as an employee, a la Mr Muscat. In which case I could care less, but not by much, as cases like that screw things up for the rest of us."Being nice costs nothing and sometimes gets you extra bacon" - Pondlife.Comment
-
Originally posted by DaveBIn which case I could care less, but not by much, as cases like that screw things up for the rest of us.
Damn Americanism!
MailmanComment
-
Read the sentence, listen to the words......
"I could care less, but not by much...""Being nice costs nothing and sometimes gets you extra bacon" - Pondlife.Comment
-
deemed employee
If you:
work in the same way that 'regular' employees do and
work for a line manager and
are integrated into the client's organisation and
work on the client site at times controlled by your client under the control of your client and
take no financial risk and
have to provide all of the services personally (i.e. you can't send someone else and
are reguarly offerred work and reguarly have to accept it.
then you would almost certainly be deemed to effectively be an employee of the client. You would therefore be caught by IR35 (you accept this). You may also be able to claim employment rights as you are to all intents and purposes an employee of the end-client, even though your contract probably expressly excludes this. This is based on two recent court cases:
Dacas vs Brook Street Bureau
Mucat vs Cable and Wireless
It's worth pointing out that this is quite an uncertain and contentious area of law and you should seek proper legal advice before acting on any nonsense that I come up with! You would also not make yourself very popular with any potential client!
Thanks. Peter.Comment
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment