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IR35 Flag: Switching from Contractor to Permanent with the same client and project

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    #11
    Originally posted by pacontracting View Post
    I'm in exactly the same boat. I was taken on by client for an IT Transformation project as an IT architect and have been offered a permanent role.

    The big difference is that, as a contractor, I'm only working on the Transformation project. This has a specific set of deliverables and is a once-in-a-decade migration, so the role is not a permanent one. They brought in a contractor because they had nobody in house with experience of doing this type of work. I have no SDS, MOO is active (I have emails from the client stating that my contract will terminate early due to project stalling / budget issues, but luckily they managed to get the budget to continue).

    As discussed with the client, moving to a permanent role will mean that I continue to complete the project (only a couple of months left on it now - after a year of work) but will also be involved in the strategic direction of the organsiation, setting standards and policies and wil be assigned work on other projects within the orgisation. There is also the other aspects of being in a permanent role i.e. sitting on management boards, leading generic design authority meetings and so on, which doesn't happen now.

    Not sure if your particular position is similar, but for me, moving from contract to permanent is, in essence, a completely different beast - however, as you know, with IR35, you can skew the rhetoric to get any outcome you want.
    moving from contract to permanent is, in essence, a completely different beast
    I would tend to agree. Being someone's employee at the very least could mean that they could ask you to undertake tasks which you were not required to undertake as a contractor. If I became an employee of the consultancy that I'm contracted to, they could quite legitimately ask me to help with a different client who was running a platform where I had experience. In fact they support a client where I was previously a permanent employee and there may just be some remnants of the applications that I wrote still being used at that client, although given the elapsed time, probably unlikely.

    with IR35, you can skew the rhetoric to get any outcome you want.
    exactly, and most of what is posted on CUK about IR35 is opinion and conjecture. We will have to wait and see how the situation develops.

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