Contractors: IR35 & general discussion

Contractors: IR35 & general discussion

Author
Discussion

768

13,681 posts

96 months

Friday 7th August 2020
quotequote all
CzechItOut said:
Can I apply for Security Clearance myself or does it have to be via a client? If I can, has anyone done it and is it a ballache?
Has to be via a client. Bit of a ballache if you've received large sums of money from a Russian for just being a nice guy.

The job may ask for a clearance but shouldn't require it, albeit that you'd be at the back of the queue without it.

theboss

6,913 posts

219 months

Friday 7th August 2020
quotequote all
Olivera said:
We've been over this ground many times, but number of clients and length of contract is insignificant when assessing IR35 status.
Running concurrent projects for different clients might not be a de facto get out clause but when any employees are tied in with exclusivity contracts it’s certainly an indication of being in business and is a defence argument I would use personally.

Most professional employees saying “I’m not available these days I’m working for another client” would result in disciplinary action / dismissal.

I’m running projects for 5 different clients currently without any agencies and they are all firmly outside, and I’d be very confident of dismissing any claim otherwise.

rustyuk

4,578 posts

211 months

Monday 10th August 2020
quotequote all
I've known a couple of contractors get close to 20 years at the same client!

Just managed to get a new 3 month gig myself. Was resigned to going permie as the contract market in my skillset evaporated.

Really hoping for a quick recovery post covid.

SMG Eddie

66 posts

45 months

Monday 10th August 2020
quotequote all
rustyuk said:
Really hoping for a quick recovery post covid.
Contracting's a dead duck, accept it. Been on benefits since and I've no plans of coming off 'em.

markyb_lcy

9,904 posts

62 months

Monday 10th August 2020
quotequote all
SMG Eddie said:
rustyuk said:
Really hoping for a quick recovery post covid.
Contracting's a dead duck, accept it. Been on benefits since and I've no plans of coming off 'em.
I'm not convinced it is, personally.

I'm in systems administration / engineering /devops, and whilst things have gone quiet, there are still gigs available.

In times of uncertainty there can be a benefit to using contractors as they can be dropped at a moment's notice.

robinessex

11,059 posts

181 months

Monday 10th August 2020
quotequote all
I remember the time when the Conservatives said they were going to cancel IR35. Politicians par for the course, as long as they get lots of lucrative 'appointments' and fake directorships after their political career has stopped, they couldn't care less. To dim to see that the colossal amount of knowledge the core of contractors had that has/will be lost to the country, brilliant now we've cut loose from the EU. Remind me who GKN flogged off the Aerospace Engineering Services to. Quest. HQ in Singapore. BAE flogged the UK's share of Airbus as well.

Deep Thought

35,822 posts

197 months

Monday 10th August 2020
quotequote all
markyb_lcy said:
SMG Eddie said:
rustyuk said:
Really hoping for a quick recovery post covid.
Contracting's a dead duck, accept it. Been on benefits since and I've no plans of coming off 'em.
I'm not convinced it is, personally.

I'm in systems administration / engineering /devops, and whilst things have gone quiet, there are still gigs available.

In times of uncertainty there can be a benefit to using contractors as they can be dropped at a moment's notice.
Agreed.

Lots of transition and change now to adapt to the new normal = more projects.

Gazzab

21,093 posts

282 months

Monday 10th August 2020
quotequote all
It’s a difficult situation for many. Last year was bad (certainly for me) due to IR35, brexit and the election. I took an FTC in March just as lockdown commenced. It comes to an end in September (covid makes it unlikely that they will extend me). Bizarrely IR35 suddenly makes FTCs attractive.
I meet many contractors who will take any rate to work right now and don’t care if it’s an inside or outside scenario. Met one who generally charges about £500 in quite junior engagements. He is now hoping to gain a government engagement at under £150 a day - probably a lot less than the equivalent perm role.

Olivera

7,141 posts

239 months

Monday 10th August 2020
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Gazzab said:
...under £150 a day...
Canteen worker?

Gazzab

21,093 posts

282 months

Monday 10th August 2020
quotequote all
Olivera said:
Gazzab said:
...under £150 a day...
Canteen worker?
BA with 20 years experience

Pit Pony

8,563 posts

121 months

Monday 10th August 2020
quotequote all
768 said:
CzechItOut said:
Can I apply for Security Clearance myself or does it have to be via a client? If I can, has anyone done it and is it a ballache?
Has to be via a client. Bit of a ballache if you've received large sums of money from a Russian for just being a nice guy.

The job may ask for a clearance but shouldn't require it, albeit that you'd be at the back of the queue without it.
I was told that the agency were allowed to say that you would need to meet the criteria for security clearance, but not allowed to say you had to have it. But obviously if you have it you can start tonorrow and if you haven't it might take 4 or 5 months (current estimates are "eventually" ) so guess who will get first bite?

You can apply for DBS check yourself, but that's pretty low level.

Bluedot

3,589 posts

107 months

Monday 10th August 2020
quotequote all
Pit Pony said:
768 said:
CzechItOut said:
Can I apply for Security Clearance myself or does it have to be via a client? If I can, has anyone done it and is it a ballache?
Has to be via a client. Bit of a ballache if you've received large sums of money from a Russian for just being a nice guy.

The job may ask for a clearance but shouldn't require it, albeit that you'd be at the back of the queue without it.
I was told that the agency were allowed to say that you would need to meet the criteria for security clearance, but not allowed to say you had to have it. But obviously if you have it you can start tonorrow and if you haven't it might take 4 or 5 months (current estimates are "eventually" ) so guess who will get first bite?

You can apply for DBS check yourself, but that's pretty low level.
They're not allowed to say you have to have it.
But they all do and to be honest, it shows you where everyone stands, whats the point in wasting peoples time applying for SC roles they won't get as the end client wants someone asap rather than say the best person for the job.
I've seen some contracts advertised that they will wait for the right person if that involves them getting SC, at least you know you're in with a chance then.
I've started SC contracts on a 'waiver' before whereby the client takes the risk and agrees you can start before your full SC comes through.

Whilst on the SC subject, mine is about to expire shortly (one year since finishing last SC role), does the fact I've had it before mean it gets fast-tracked should I get another SC role in the future ?

wombleh

1,790 posts

122 months

Monday 10th August 2020
quotequote all
They’re not supposed to ask for clearance but blatantly do because there’s zero comeback on them and it saves months.

I’m finding permie life OK, bit of a break from having to drive work myself. Financial situation isn’t hugely different as I didn’t tend to rinse money anyway. Struggling with having to book holiday in advance rather than just take days when I felt like it and workload allowed, nice to get paid for training and conferences, glad to be rid of never ending legislation and taxation changes. Swings and roundabouts really,

If I changed role again then I’d look at perm and contracts, picking based on the role and organisation rather than how they decided to pay for it.

Pit Pony

8,563 posts

121 months

Tuesday 11th August 2020
quotequote all
Bluedot said:
Pit Pony said:
768 said:
CzechItOut said:
Can I apply for Security Clearance myself or does it have to be via a client? If I can, has anyone done it and is it a ballache?
Has to be via a client. Bit of a ballache if you've received large sums of money from a Russian for just being a nice guy.

The job may ask for a clearance but shouldn't require it, albeit that you'd be at the back of the queue without it.
I was told that the agency were allowed to say that you would need to meet the criteria for security clearance, but not allowed to say you had to have it. But obviously if you have it you can start tonorrow and if you haven't it might take 4 or 5 months (current estimates are "eventually" ) so guess who will get first bite?

You can apply for DBS check yourself, but that's pretty low level.
They're not allowed to say you have to have it.
But they all do and to be honest, it shows you where everyone stands, whats the point in wasting peoples time applying for SC roles they won't get as the end client wants someone asap rather than say the best person for the job.
I've seen some contracts advertised that they will wait for the right person if that involves them getting SC, at least you know you're in with a chance then.
I've started SC contracts on a 'waiver' before whereby the client takes the risk and agrees you can start before your full SC comes through.

Whilst on the SC subject, mine is about to expire shortly (one year since finishing last SC role), does the fact I've had it before mean it gets fast-tracked should I get another SC role in the future ?
Short answer? I've had it and it lapsed. One agency thought it was a meer formality, and would take 3 weeks instead of 12, another took a big sigh and said it might reduce the time by up to 1/12th
The first, the position went away due to redundancies internally and the second, I've been waiting 2 months for SC clearance to be submitted. I applied last October, was told in June that that wanted me, and they expected to start submitting Clearance applications by End of July.
If I start before Feb 21 it will be a miracle.
I start somewhere else on Thursday. DBS check sufficient. Took 2 days.

bp1

796 posts

208 months

Tuesday 11th August 2020
quotequote all
Was very quiet in area I specialise in, but just about to start a new contract to design and build a migration tool for one of the banks. Last 4 weeks has seen a decent uptick in opportunities after being absolutely dead from April onwards. Also talking to one of the Dutch banks so might be able to get a toofer smile

ITP

2,008 posts

197 months

Saturday 15th August 2020
quotequote all
I’m waiting for a security clearance.
Problem is government uksv office. They have decided they can’t possibly go to work due to Covid, so are not accepting any applications. Who knows when they will actually work again, despite being on full pay of course.

Everyone else, we are constantly told, should be going back to work, and are. They need to practice what they preach themselves and get the f@&k back to work themselves....

So the government have deliberately left out ltd company directors from any reasonable amount of furlough, knowing how all companies are set up. Never mind, I dont need it, as I sourced my own contract back in May. I can earn my own money rather than sucking out taxpayers money sat in my garden all summer, allowing me to spend money in the local buisness that so need it.

But no, the government themselves are stopping me earning money because they refuse to go back to work to even send out and process forms whilst insisting everyone else gets back to work.

You could make it up, total f@&kwits., the lot of them.

How much out of 10 for that rant! smile




aeropilot

34,594 posts

227 months

Saturday 15th August 2020
quotequote all
ITP said:
I’m waiting for a security clearance.
Problem is government uksv office. They have decided they can’t possibly go to work due to Covid, so are not accepting any applications. Who knows when they will actually work again, despite being on full pay of course.

Everyone else, we are constantly told, should be going back to work, and are. They need to practice what they preach themselves and get the f@&k back to work themselves....

So the government have deliberately left out ltd company directors from any reasonable amount of furlough, knowing how all companies are set up. Never mind, I dont need it, as I sourced my own contract back in May. I can earn my own money rather than sucking out taxpayers money sat in my garden all summer, allowing me to spend money in the local buisness that so need it.

But no, the government themselves are stopping me earning money because they refuse to go back to work to even send out and process forms whilst insisting everyone else gets back to work.

You could make it up, total f@&kwits., the lot of them.

How much out of 10 for that rant! smile
Only 8 out 10, as way too low on the f@*ks count smile

anonymous-user

54 months

Saturday 15th August 2020
quotequote all
ITP said:
I’m waiting for a security clearance.
Problem is government uksv office. They have decided they can’t possibly go to work due to Covid, so are not accepting any applications. Who knows when they will actually work again, despite being on full pay of course.

Everyone else, we are constantly told, should be going back to work, and are. They need to practice what they preach themselves and get the f@&k back to work themselves....

So the government have deliberately left out ltd company directors from any reasonable amount of furlough, knowing how all companies are set up. Never mind, I dont need it, as I sourced my own contract back in May. I can earn my own money rather than sucking out taxpayers money sat in my garden all summer, allowing me to spend money in the local buisness that so need it.

But no, the government themselves are stopping me earning money because they refuse to go back to work to even send out and process forms whilst insisting everyone else gets back to work.

You could make it up, total f@&kwits., the lot of them.

How much out of 10 for that rant! smile
Most civil servants have haven’t stopped working throughout lockdown. Company directors my arse. More like one man band employees.

bigandclever

13,789 posts

238 months

Saturday 15th August 2020
quotequote all
wormus said:
Most civil servants have haven’t stopped working throughout lockdown.
Schrödinger‘s civil servants wink

Countdown

39,890 posts

196 months

Saturday 15th August 2020
quotequote all
wormus said:
Most civil servants have haven’t stopped working throughout furlough. Company directors my arse.
I'm guessing but I'm aware that some part of Government are having problems because they're not geared up for paperless working or remote working. For example if they have a Customer Service Centre they've not been able to route calls to peoples homes in order for them to answer them, or the person answering the phone cant route the inbound call to the right Department (because there's nobody there)

Similarly a lot of Govt Bureaucracy still requires wet signatures and hard copy documents to be posted in. The problem is that offices in london are closed and there will be a skeleton staff who will take in mail but not necessarily sort it/scan it/email it to the right department.