Contract clauses becoming more draconian? Contract clauses becoming more draconian? - Page 4
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  1. #31

    More fingers than teeth

    BlasterBates's Avatar
    Join Date
    Jul 2005
    1922 Commitee


    If you are a "real contractor" the regulations don't apply anyway.

    Conduct of employment regulations: a guide to opting in or out

    a limited company contractor accepting on paper that they are controlled by the client and wish to be covered by the regulations is sending a pretty negative message to HMRC about their employment status. Control by the client is a key factor in determining the employment status of a contractor, and can be part of a package of evidence that puts a contractor inside IR35.

    But, as highlighted earlier, genuine contractors are not controlled by their client, and so technically the regulations do not apply anyway.
    I would only insist on opting in if I were inside IR35, otherwise it's rather pointless.
    I'm alright Jack

  2. #32

    Fingers like lightning

    PerfectStorm's Avatar
    Join Date
    May 2014
    Yes, I have asked my accountant.


    Genuine contractors are controlled (sort of) by their agency though, and it is with them that the regulations hold.

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