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contracting for 2 years...

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    contracting for 2 years...

    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
    "Fish is the only food that is considered spoiled once it smells like what it is."
    - PJ O'Rourke

    #2
    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...

    Comment


      #3
      (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


        #4
        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'Rourke

        Comment


          #5
          If ur paying '35 I'm sure Gordo won't give a sh!t.

          Comment


            #6
            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


              #7
              Originally posted by Mailman
              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.

              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


                #8
                Originally posted by DaveB
                In which case I could care less, but not by much, as cases like that screw things up for the rest of us.
                I COULDNT care less...COULNDT!

                Damn Americanism!

                Mailman

                Comment


                  #9
                  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


                    #10
                    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.

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