Employment law is very complex and there are few silver bullets

One is mutuality of obligation: an obligation on the one hand to provide work and on the other to do it. There is a view that having zero notice for termination on the part of the hirer obviates this, irrespective of the notice period on the other side. I know several contractors who say to their clients, sack me whenever you want, but I must give you a month's notice. This is helpful in and of itself from the mutuality perspective; but also as cover for the only real silver bullet: a right to substitution, which the courts tend to feel must be relatively unfettered to be "real". Selling this in to a client is much easier with the no-notice clause above: if you don't like my sub, just terminate the agreement. Bingo, outside IR35. It seems to work for quite a few people.

It does, of course, carry genuine commercial risk. But that's kind of the point.

IPSE do a guide on all this stuff, contract reviews, tax investigation insurance, all of this kind of stuff (disclaimer: no I don't run IPSE) User Posted Link

Posted By: Old Man on October 17th 2018 at 21:29:46

Message Thread

Anyone ever set up a Ltd company before for contracting work? (General Chat) - Bungle, Oct 17, 20:40:39
- Since the change in IR35 we've seen many contractors/consultants walm away... (General Chat) - Worthing Yellow, Oct 17, 22:07:11
  - The change requires the hiring entity to take a view on the status - is that right? (General Chat) - Old Man, Oct 17, 22:11:33
    - The aim was to avoid any employment rights argument (General Chat) - Worthing Yellow, Oct 17, 22:37:00
      - But if they're inside IR35, why would they not get employment rights? (General Chat) - Old Man, Oct 17, 22:46:50
        
        Consultants on government frameworks aren't employees... (General Chat) - Worthing Yellow, Oct 17, 23:08:00
- It all depends on how much you think you’ll make (General Chat) - Tony Martin, Oct 17, 21:15:51
  - Exactly that^^ (n/m) (General Chat) - archroy, Oct 17, 22:09:25
  - Thanks Tony, with a bit of luck it should be good money. (n/m) (General Chat) - Bungle, Oct 17, 21:22:49
- Check out IPSE (General Chat) - Old Man, Oct 17, 21:11:19
  - Ugh, yeah it’s IT / InfoSec. Thanks OM. (n/m) (General Chat) - Bungle, Oct 17, 21:21:23
  - Crikey (General Chat) - Old Git, Oct 17, 21:13:00
    - Not quite what I said... (General Chat) - Old Man, Oct 17, 21:17:41
      - It’s an obvious fiddle (General Chat) - Old Git, Oct 17, 21:19:03
        
        it's only a fiddle if HMRC proves it (General Chat) - CWC, Oct 17, 21:25:58
        
        Definitely not Lord Templeman ... (n/m) (General Chat) - Old Git, Oct 17, 21:29:35
        
        What is? (General Chat) - Old Man, Oct 17, 21:23:41
        
        “HMRC tell people they owe tax the law simply does not say they owe“ (General Chat) - Old Git, Oct 17, 21:33:04
        
        If you go into a tax scheme you deserve everything you get (General Chat) - Old Man, Oct 17, 21:38:15
        
        Legitimately self employed (General Chat) - Old Git, Oct 17, 21:43:47
        
        The House of Lords didn't agree with you on that (General Chat) - Old Man, Oct 17, 21:51:24
        
        Well there you go (General Chat) - Old Git, Oct 17, 21:56:46
        
        Far from it (General Chat) - Old Man, Oct 17, 22:09:13
        
        Well (General Chat) - Old Git, Oct 17, 22:23:06
        
        And I don't think you can have one status for tax purposes and another for employee rights (General Chat) - Old Man, Oct 17, 22:26:19
        
        No he doesn’t (General Chat) - Old Git, Oct 17, 22:32:11
        
        My bad - thought he said he'd shared a pint with you at some point (n/m) (General Chat) - Old Man, Oct 17, 22:34:56
- Be careful (n/m) (General Chat) - Old Git, Oct 17, 20:53:41
  - Sorry premature send (General Chat) - Old Git, Oct 17, 21:05:19
  - Thanks OG (General Chat) - Bungle, Oct 17, 20:57:13
    - See above! (General Chat) - Old Git, Oct 17, 21:08:15
      - It’s that or the insolvency service! Thanks mate. (n/m) (General Chat) - Bungle, Oct 17, 21:10:58
  - fuck da HMRC (n/m) (General Chat) - Jumbo1, Oct 17, 20:57:08
- Meeky did this when he started out - not sure if he’s back from holiday but can DM him and (General Chat) - Jumbo1, Oct 17, 20:44:15
  - 👍 (n/m) (General Chat) - Bungle, Oct 17, 20:47:20
    - Too many words but may be relevant.... (General Chat) - Jumbo1, Oct 17, 20:52:34
      - I would especially pick out: (General Chat) - CWC, Oct 17, 20:59:00
        
        Employment law is very complex and there are few silver bullets (General Chat) - Old Man, Oct 17, 21:29:46
        
        yeah some interesting cases in the gig economy space at the moment (General Chat) - CWC, Oct 17, 21:36:20
        
        ...and your point on on-the-ground reality vs what the contract says is absolutely key (General Chat) - Old Man, Oct 17, 21:42:29
        
        tax and law. Best. Thread. Ever. (n/m) (General Chat) - CWC, Oct 17, 21:48:14
        
        Go on. Ask me about VAT and derogations. It's my party piece. (General Chat) - Old Man, Oct 17, 21:52:02
        
        Ha! (General Chat) - CWC, Oct 17, 21:58:10
        
        Ta CWC. (n/m) (General Chat) - Bungle, Oct 17, 21:02:42
        
        np (General Chat) - CWC, Oct 17, 21:18:17
        
        Nope that’s me... thanks much xx (n/m) (General Chat) - Bungle, Oct 17, 21:35:22

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