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Any clue how many of your fellow contractors are going inside?

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    #21
    Originally posted by PCTNN View Post
    Most of the people in my team are contractors, everyone will be switched to inside ir35 and, as far as I know, everyone is staying.

    No permie role being offered. Inside or leave.

    Will be fun if hmrc decide to do a retrospective investigation (which I believe they'll do), as some of my colleagues have been here for 4+ years.
    We need these people!

    Keep HMRC as busy as possible, just not with you.

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      #22
      Originally posted by PlanB View Post
      I'm not certain at all, what is certain is nobody knows how HMRC are going to play this.

      Given their track record it is not a risk I'd like to take if I was years into a client and told to move inside IR35.
      It's a risk I'd take if my working practices are confirmed as outside, along with my contract as well as having evidence of being treated differently.

      As part of an inside move, I'd then insist on a new set of working practices, newly worded contract (CTRL+H hiring manager with line manager, etc) as well as gathering evidence that I'm not behaving and being seen as a worker. After a year, if they peed me off, I could then submit a retrospective holiday pay claim. Clearly some clients have already shat their pants at that last bit and gone for the binning off all contractors approach. If I were a client co, I'd be looking at converting all inside roles to perm as well as properly establishing the outside roles and differentiating these scumbag contractors so they know they're different, have to sit in a separate room for meals, etc. After all, it's on me as a client if there's a sniff that they're inside.
      The greatest trick the devil ever pulled was convincing the world that he didn't exist

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        #23
        With regards to retrospective action:

        Just say you're a contractor and you work with 2 other contractors. Your contracts are more of less the same as you all have the same role.

        ClientCo tells you that they are deeming you to be inside IR35. You decide that this is risky, and leave. The other two contractors stay on and take the hit.

        If HMRC took retrospective action against the contractors that remained, then surely they could also take retrospective action against you, even though you left, because your contract was essentially the same?

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          #24
          Correct which is why there is a sticky about the different levels of risk and what to do when. To mitigate that risk as soon as you get its sniff it's inside you leave so you have no determination it's inside. When HMRC ask for a lost of contractors outside and now inside you aren't there and were never determined so a different, more difficult case. They'll just bum the other two for free money.

          Its not to say there is no risk. You've just reduced it by leaving.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #25
            Originally posted by LondonManc View Post
            If I were a client co, I'd be looking at converting all inside roles to perm
            Yes, try and do that in organisations like banks where at least 40% of the workforce are contractors.

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              #26
              Originally posted by PCTNN View Post
              Yes, try and do that in organisations like banks where at least 40% of the workforce are offshore.
              FTFY

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                #27
                Originally posted by PCTNN View Post
                Yes, try and do that in organisations like banks where at least 40% of the workforce are contractors.
                You mean all those inside contractors who will be too busy looking for outside roles to do a job for you?
                The greatest trick the devil ever pulled was convincing the world that he didn't exist

                Comment


                  #28
                  Originally posted by superted View Post
                  With regards to retrospective action:

                  Just say you're a contractor and you work with 2 other contractors. Your contracts are more of less the same as you all have the same role.

                  ClientCo tells you that they are deeming you to be inside IR35. You decide that this is risky, and leave. The other two contractors stay on and take the hit.

                  If HMRC took retrospective action against the contractors that remained, then surely they could also take retrospective action against you, even though you left, because your contract was essentially the same?
                  IMHO you would be pretty damn unlucky if that happened.

                  Whats more, if you are working at one of the big companies (like the Banks) nobody will be working outside anyway.

                  I work on a floor with approx 50 contractors. As far as I know, every one of them is simply switching over to Inside in early March. However, there is still total confusion over holidays and sick pay. As you may know, many of the Banks adhere to the 220 rule ...which means about 33 days holiday .... as well as bank holidays. One of the PAYE agents plan to pay their contractors for 28 days holiday having being catered for...including Bank Holidays...what's going to happen for the remaining days?. One of the chaps today was told if they are sick then they won't be getting any sick pay unless it goes beyond 4 days and then its simply statutory sick pay. That was not what they said originally.

                  It's going to be a mess to start out.
                  Last edited by mogga71; 31 January 2020, 19:05.

                  Comment


                    #29
                    Originally posted by PCTNN View Post
                    Yes, try and do that in organisations like banks where at least 40% of the workforce are contractors.
                    I think there is a serious chance that the Banks will soon stop employing permie techies and instead employ 'caught by iR35' contractors. They are going to end up cheaper.

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                      #30
                      Originally posted by mogga71 View Post
                      I think there is a serious chance that the Banks will soon stop employing permie techies and instead employ 'caught by iR35' contractors. They are going to end up cheaper.
                      I agree, that's why I think that who suggested clients should convert contracts to permanent jobs was saying bulltulip

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