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Am I right to be concerned at creeping IR35-ism?

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    #11
    I was complaining about similar D&C stuff to the one other contractor at my current gig and he said:

    "IR35? What's that all about?".

    He genuinely didn't know. He's been contracting ten years.

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      #12
      It's tricky because you can't exactly start lecturing the client about your status and how they should deal with you appropriately. You could mention it to the agent but they are not directly affected, unless you leave.

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        #13
        Originally posted by I just need to test it View Post
        I was complaining about similar D&C stuff to the one other contractor at my current gig and he said:

        "IR35? What's that all about?".

        He genuinely didn't know. He's been contracting ten years.
        I can't believe how widespread this is.

        In my current gig three contractors went off on a company training day last week. I asked them if they worried about IR35 & they looked at me as if I was speaking Chinese. Once I explained they said they didn't really understand IR35 & the day's training was "getting paid for doing nothing" so what's the problem?

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          #14
          Originally posted by unixman View Post
          It's tricky because you can't exactly start lecturing the client about your status and how they should deal with you appropriately. You could mention it to the agent but they are not directly affected, unless you leave.
          If I was public sector then I might consider it - either government needs to take people on as employees or treat them as businesses. To force a contractor to operate inside IR35 in the public sector is morally wrong, IMHO.
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            #15
            Yes, of all the pointers, I'd be most concerned by creeping D&C. There's the "what", "where", "when" and "how" (particularly the how) to consider, so it's possible to have some negative pointers, but lack of D&C is very important, not least because it's easily demonstrable during the contract if you're diligent about keeping records.

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              #16
              Originally posted by unixman View Post
              Hi BB, you are right to be concerned IMO.

              I have experienced a similar thing here but to a far lesser extent. Nevertheless I worry about it, while other contractors seem totally unaware. It is very gradual - Client never used to expect contractors to attend department meetings, now asks them too, and has started to ask contractors to partake in "show and tell" where you make a small presentation for the sake of it. No objection but nothing could be less appropriate for a contractor. Two weeks ago I was asked to put my personal mobile number in my email sig.

              At the same time, permies talk yo you more and more like a permy. Nothing alarming but just a mindset. The client doesn't seem to realize that this is not good for them either, ie. not quite legally hygienic with employment law.

              I am probably leaving soon because of it. received a contract extension 2 days ago but haven't signed yet. Wondering what to do.
              If you did the work then sharing your knowledge shouldn't be an issue especially if it's in your contract.

              In regards to time off etc if contractors on a client site take the piss we all suffer.

              Tell the client you are taking time off by taking into account project milestones, then email them as a record.
              "You’re just a bad memory who doesn’t know when to go away" JR

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                #17
                Originally posted by unixman View Post
                At the same time, permies talk yo you more and more like a permy. Nothing alarming but just a mindset. The client doesn't seem to realize that this is not good for them either, ie. not quite legally hygienic with employment law.

                I am probably leaving soon because of it. received a contract extension 2 days ago but haven't signed yet. Wondering what to do.
                If said permies aren't reading CUK they may not even be aware of the massive difference between them and you. I didn't think so too before coming here, and frankly I think some of that difference is just a play of words. If in doubt you can always go umbrella.

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                  #18
                  Last year I was tulipcanned from a role for refusing to fill out an annual leave request. There was nothing in my contract about it, and only mention of this necessity in the employee handbook.

                  I whined about it on here and was told I was overly concerned about IR35 and should have just signed the annual leave request.

                  That's the kind of tulip that was being spouted on here so I'm very relieved to see some common sense at last.
                  Knock first as I might be balancing my chakras.

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                    #19
                    Going umbrella wouldn't change the client treating you as a permy. That's my beef, not IR35 worries/wordings.

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                      #20
                      Simple - don't go on holiday while in contract.
                      "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...

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