All status cases are a particular set of circumsta...

2008-09-25T15:02:00.000+01:00

All status cases are a particular set of circumstances. That's one of the problems with them. To dismiss Dragonfly in those terms is a mistake.

IR35 is a duck tax and whether you are a duck or not is determined by client employees impression of you. Often they don't particularly like contractors and are almost certainly terrified of HMRC. That is a serious problem.

As I said you have to do something an employee simply cannot do. Substitution is one, but often impractical for a freelancer. Multiple simultaneous clients is another, but often problematic due to the nature of IT work. Using your own equipment is a third, but it is has to be substantive and necessary to the job. A laptop probably isn't enough.

All in all it's an irritating mess that really needs a political solution.

Thanks Neil.
I agree tha DragonFly cae was inte...

2008-09-25T09:09:00.000+01:00

Thanks Neil.
I agree tha DragonFly cae was interesting but it was a particular set of circumstances, lets not forget that.
None of the analysis suggests that the rights of substitution is any less effective than it ever was.
I would refer you to the comments in First Word Software, items 34 to 37 at this link http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKSC/2007/SPC00652.html

I do think that anyone affected by IR35 legislation should be very careful with their contracts and the way they perform their contracts.

Very importantly its is proving vital that clients understand and support the conditions of engagement.

Comments on 3spoken: Freelancers - you will be assimilated. Resistance ...

All status cases are a particular set of circumsta...

Thanks Neil.I agree tha DragonFly cae was inte...

Thanks Neil.
I agree tha DragonFly cae was inte...