I was wondering if anybody inside IR35 from 6 April is concerned about Covid-19 causing clients to postpone projects and issue a contractor furlough for a few months while allowing permanent staff to continue in a BAU capacity? I could cope for a reasonable period of time but would be worried if it went on too long.
I know we have spoken about furloughs at Christmas time before but would an enforced furlough for a couple of months demonstrate a lack of mutuality of obligation? Would the fact that work has been found for permanent members of staff emphasise the difference and would this potentially demonstrate a key outside IR35 characteristic?
My existing client went to great lengths to describe all of the inside IR35 characteristics of the current working practice including the fact that there most definitely is a mutuality of obligation. They clearly stated that I would be obliged to accept any work they offered and they are obliged to offer me continual work for the duration of the contract.
Would there be any means for me to challenge the previously determined inside IR35 determination again based on this new evidence?
Thank you
I know we have spoken about furloughs at Christmas time before but would an enforced furlough for a couple of months demonstrate a lack of mutuality of obligation? Would the fact that work has been found for permanent members of staff emphasise the difference and would this potentially demonstrate a key outside IR35 characteristic?
My existing client went to great lengths to describe all of the inside IR35 characteristics of the current working practice including the fact that there most definitely is a mutuality of obligation. They clearly stated that I would be obliged to accept any work they offered and they are obliged to offer me continual work for the duration of the contract.
Would there be any means for me to challenge the previously determined inside IR35 determination again based on this new evidence?
Thank you
Comment