Employment status 'calculator' and what it means for me?
Employment status 'calculator' and what it means for me?
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Mr Whippy

Original Poster:

32,229 posts

264 months

Tuesday 18th December 2018
quotequote all
I've seen a lot about this IR35, and then this new calculator for status https://www.gov.uk/guidance/check-employment-statu...

I do my own tax returns, and currently work freelance/sole trader doing self assesment. I'm not sure if all this even applies or not.

I've been using this calculator on every job since it's come out, and it's always popped up saying that I'm ok being self-employed, so I feel like I'm not exposing myself to any issues which is always useful.




In this case I'm creating 3D graphics for a realtime simulator for racing drivers. I've created a great deal over the years and my clients usually trust my experience and are always happy with the time spent, innovation, quality, and are happy to let me choose how I work as long as the final product matches their spec.
I usually just quote on hours at an hourly rate and away I go.


However my client (2nd small project now ~ 80hrs each, not worked with them for about 5 years) is now wanting to be a bit more rigid on my working style.

They want me to visit them (European mainland EU country) to standardise my 'worflow' to match theirs, and provide a clone of their working software/tools etc.
They currently have a role open on their website, so it feels a bit like they're wanting me to be a temporary developer while they fill this gap... but the rigidity on working practices, visiting them to align workflow and methodology, and set up my laptop etc, feels very 'employer' like.


This all alters an answer to a question in the calculator about how work is done in my view.

This has ultimately led to a result of "should be employed" from the HMRC calculator.



  • Does this company have to be UK based for this to apply?
  • Does this even apply to me? Is the issue now about UK Gov worrying about myriad costs like holiday and pensions not being paid by whole swathes of the population who should be employed but aren't?
  • My total earnings for 17/18 probably won't breach £12,000, so does it even matter at these earnings levels?
  • I'm not desperate for the work financially, or for personal satisfaction given the recent changes in the relationship. However if variables alter sufficiently in either respect, but the calculator still says 'should be employed', it would be handy to know what my responsibilities should be wrt HMRC.


Any help much appreciated!

Dave