Returning to a prior client...

[nomadd]

OK, one here for The Crew to ponder and comment.

I've an interview next week for a role with the very last client I worked for. Previous stint with them was two years, continuous. I was "let go" 6 months ago as the project was complete and they had no further work for me. So, from an IR35 perspective, that all looks OK.

Now, the new role - if it comes off - will be for a different Dept. and a different Manager. So, again, this seems to look OK from an IR35 perspective.

Clearly the only concern I have is the fact that if I stayed another year or two, Hector might raise his head over this "long stint of employment" - as I'm sure they'd want to see it that way - with the same client (as it's the same company.) However, with this not having been on the same project, and not with the same manager, and the fact that they "let me go" and I wasn't working there for 6 months, I think I'm covered fairly well.

Only things I can think of doing at the moment should this go ahead are: 1) Get the contract reviewed. 2) Make sure the "role" and "project" are very distinct from the last role & project I did for them both in the contract and in the actuality of the work. 3) Avoid getting dragged back into anything to do with the prior project. 4) Make sure the "working practices" are also clearly outside of IR35.

Have I missed anything? Anyone else been in a similar position of returning to a prior client for potentially another long stay where you haven't taken any other contract in between?

Comments welcome. *

Cheers

* Apart from Use Search!

[cojak]

OK, one here for The Crew to ponder and comment.

I've an interview next week for a role with the very last client I worked for. Previous stint with them was two years, continuous. I was "let go" 6 months ago as the project was complete and they had no further work for me. So, from an IR35 perspective, that all looks OK.

Now, the new role - if it comes off - will be for a different Dept. and a different Manager. So, again, this seems to look OK from an IR35 perspective.

Clearly the only concern I have is the fact that if I stayed another year or two, Hector might raise his head over this "long stint of employment" - as I'm sure they'd want to see it that way - with the same client (as it's the same company.) However, with this not having been on the same project, and not with the same manager, and the fact that they "let me go" and I wasn't working there for 6 months, I think I'm covered fairly well.

Only things I can think of doing at the moment should this go ahead are: 1) Get the contract reviewed. 2) Make sure the "role" and "project" are very distinct from the last role & project I did for them both in the contract and in the actuality of the work. 3) Avoid getting dragged back into anything to do with the prior project. 4) Make sure the "working practices" are also clearly outside of IR35.

Have I missed anything? Anyone else been in a similar position of returning to a prior client for potentially another long stay where you haven't taken any other contract in between?

Comments welcome. *

Cheers

* Apart from Use Search!

I've done exactly the same thing. I'm with the same client, different division and this time direct.

I can prove that this is a different contract, the only negative is that I've lost my 24-month exes (but I negotiated that into the new day rate).

[Hot Mess]

+1

Same here. As long as the working practices are distinct you should be fine.

[Wanderer]

Only things I can think of doing at the moment should this go ahead are: 1) Get the contract reviewed. 2) Make sure the "role" and "project" are very distinct from the last role & project I did for them both in the contract and in the actuality of the work. 3) Avoid getting dragged back into anything to do with the prior project. 4) Make sure the "working practices" are also clearly outside of IR35.

Have I missed anything?

5) Subcontract out some of the work to a contractor you know and trust. Who knows, maybe they will send some work your way too.

[northernladuk]

Nothing wrong with this. Some companies have business relationships with suppliers for 10's of years. As long as you tick the boxes and don't get lax with it like the JLJ case then fill your boots.

[FWDiane]

I think you have everything covered, going in with open eyes and knowing you'll have to get contract reviewed and mirror the working practices.
We have clients who have been with the same client for a lot longer than 2 years, as long as the contracts are good and you dont deviate you should be ok.
good luck with the interview

[TheFaQQer]

Not being paid for six months between the projects is hardly an indicator of employment

[nomadd]

Not being paid for six months between the projects is hardly an indicator of employment

Oh, I agree. But you know how Hector likes to spin things: We are all employed by our clients and are just trying to hide it for tax evasion purposes.

[northernladuk]

Oh, I agree. But you know how Hector likes to spin things: We are all employed by our clients and are just trying to hide it for tax evasion purposes.

OMG!! Shhhhhhhhhhhhh... If hector got wind of this there would a raft of legislations hastily rolled out to fail at dealing with this.... oh.. hang on...