Chapeau to you
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
RBS, contractors and IR35
Collapse
X
Collapse
-
-
Originally posted by Barry Badrinath View PostChapeau to you
When a Labour shadow minister, my MP, supports the policies of a Conservative government, you know the game is up!Comment
-
Originally posted by JohntheBike View Postwasn't far wrong was I?'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
-
Originally posted by northernladuk View PostBearing in mind exactly the same happened in the Public Sector, even down to the previous year deal it was hardly an out there prediction.Comment
-
What if they start hiring contractors through consultancies? Can anyone explain if this would change anything?Comment
-
Originally posted by nick101 View PostWhat if they start hiring contractors through consultancies? Can anyone explain if this would change anything?'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
-
We will see agencies who previously supplied people try to convert to an entity supplying services.
We have seen suggestions from many such claiming that a simple change in words in a contract would permit this to happen.
That is dangerous ground.
As I've been banging on about (apologies), its the facts of the job and how it's done that matter, not what a contract says.
If the fact is that a software house supplying services to a client ALWAYS sends the same person/people to that client for that job and if they are unavailable, nobody turns up, I would say that looks like a personal service within IR35 potentially.
It's going to be very hard for a personal services agency to convince HMRC that they are now an entity supplying an end to end service based on milestones.Best Forum Adviser & Forum Personality of the Year 2018.
(No, me neither).Comment
-
Originally posted by webberg View PostWe will see agencies who previously supplied people try to convert to an entity supplying services.
We have seen suggestions from many such claiming that a simple change in words in a contract would permit this to happen.
That is dangerous ground.
As I've been banging on about (apologies), its the facts of the job and how it's done that matter, not what a contract says.
If the fact is that a software house supplying services to a client ALWAYS sends the same person/people to that client for that job and if they are unavailable, nobody turns up, I would say that looks like a personal service within IR35 potentially.
It's going to be very hard for a personal services agency to convince HMRC that they are now an entity supplying an end to end service based on milestones.
Where the working practises conflict with the contract, even then they may not over ride the contract.Comment
-
Originally posted by JohntheBike View PostThe working practises will be taken into account in conjunction with the contract.
Where the working practises conflict with the contract, even then they may not over ride the contract.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
-
Originally posted by northernladuk View PostIs that right? In what situation could that happen? It's long been said that working practices trump contract and I believe this has been seen in case law as well. I've not, that I can think of, seen any case of the contract overriding working practice? Not in a useful way anyway.
This was part of my argument that I was an employee. However, in his summing up, Mr. Justice Elias specifically said that as I had the contractual right of substitution, this was incompatible with a contract of service, i.e. employment. He also said that if I had tried to substitute and the client refused, then they would have been in breach of contract.
I can only relate to my own experiences.Comment
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment