Name: Inside or Outside IR35?
Uploaded: 2020-03-13T04:13:20.000Z
Duration: 7 min 6 s
Description: Thousands of YouTube videos with English-Chinese subtitles! Now you can learn to understand native speakers, expand your vocabulary, and improve your pronunciation...

Past continuous

Den IR35  legislation is changing next April.  Yes ? I was hoping

To-infinitive

to have a bit of a chat about the three big factors that would class you inside

or outside depending on how they fall. Yes  let's do that.

So there are three big factors.  The first one is substitution. What do you know about

substitution? Substitution asks whether an interim has has the right to replace

themselves should there be sickness on not being able to get to site.

Its quite a difficult one and of the three factors it's probably the most

difficult because most contracts have substitution clause in there but the

likelihood of the clients saying  okay,  yes let's have let's have John in

tomorrow even though they've never met John before and they've got

a tesco audit.  I don't think that's going to happen.  It was a bit like you were saying

I'm not in tomorrow but my girlfriend's going to cover for me. I don't think

that would wash.  What you could do is tell them you have

a network of interims that they already know.  if it's not me it's this guy this

and they may be already known by  the client .

I'm okay with that because I know who those people are

already as they've  been with us before.  I think you were mentioning

projects?  That's where it's more of an expertise based role so one

day you might say you know what I'm not going to be in today but I've got an S&OP

specialist  interim to come in and  have a look at things.  They may be a bit

more relaxed in that environment as well. Yeah for definite so there's things you

can do but it is a difficult one. The next one is a sort of a 3 in 1

which is supervision direction and control.   There is a lot of

scope isn't there .  The one which has the most scope out

What days you're in and wha time you've got to be there from nine

till five like say of my role here was  I've got to be here at 9:00

and  go at five o'clock and I'm here from Monday to Friday.

When you were in the factory that was a bit different to that.  Yes, so for

some interim contracts you know if you've got Interim ops support

they and they'll be they'll be probably in there at five or six in the morning to

make sure startups ok and they may be staying late but they determined that

themselves.  Then you look at some of the shift guys  out there.

Take a four-on-four off shift. They are there from 6 to 6.

You know that's that that's really lending itself towards inside  but then

senior ops guys but  they come and go when they want and some of them

There's a big  scope there as well as the direction it's very much

whether it's is the company saying this is how we do this and  exactly how you're

going to do it or whether they're coming to you saying

well you know then we've got this 1 million turnaround and

that's the end goal but how you do it that's down to you.

That kind of thing would very much help to sit outside if it's the latter of those

two.  You're saying there's your deliverable

Its down to you to deliver it. You set the vision you're the expert and

also from a supervision it helps with that as well because

you're not having someone saying you doing this this  and this .  You're

actually creating the workflow yourself and you're the expert so there's a lot

of scope in those three areas there to be outside of IR35 but you

need to be very clear in your  project deliverables and your objective

and then the final one  is mutuality of obligation.  Again there's a lot of scope

isn't there ? so it's about  from our clients point

of view about the obligation to offer work and from an

interim  point of view accepting that work and they are  not

under obligation to do so ie you know you offer me work when we're busy and  I will

accept that work whether it would be busy or

quiet and with yourself you know even if we're quiet

whereas we look at an interim role you know with our contracts we've got a one week

notice period so there's a short notice period and  the client can terminate the

contract and some of our interims have multiple contracts they might have two

or three days with one client and a few other days would another client so

that's another area as well that brings you outside definitely .  I think you've

also got the point of the things to watch for  is your contract

extension.  Oh yeah a big one because you don't want that rinse and repeat cycle.

I was saying the other day where you're just extending extending and extending

with no alteration to the deliverables and I think that's key where you can put

where if it is being extended and there's a reason because there's a new

project addressing new deliverable or a new challenge or where you need some

more expertise getting that bolted down onto the project

specification and objective.   I think the other thing to watch for as well is

is if you're on a deliverable based product say you're trying to do that 1

million turn around so yeah if you finish that early you need

terminating or reassessing those as well even i if you are contracted

for the next further three months yes so let's say it's a six month contract and

after four months  the project is delivered then the client  might say well

you know I'm gonna give you a week notice now and that's that's.

That rounds up the three points I mean I think the thing

we've been saying is that yes I mean the legislation is changing next year but

these factors, they were in place already and  they're not changing

the factors. You're right. the factors are the very same but the

legislation is changing and the only thing that's changing instead of you the

interim being liable it's the client or where the client goes through

someone like us its the fee payer is liable so so that's what's changing

so what we're doing at the moment is our our roles and future assignments we're

actually getting the work place assessment carried out and if

we look at yesterday's one that was outside so the client in April

can say I'm happy to continue because it's outside and we've got the legal

documentation here but if it's inside then we can go we've got between now and

April to get a change to get it sorted. Yeah I think that round  it up really.

Yes thats it -  thank you from Corvin Fox 01775 729590

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Inside or Outside IR35?

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