Contract Length Does Not Imply You’re Inside IR35

It seems that the length of your contract does no longer imply whether or not you fall inside or outside of the IR35 legislation.

Not an Employee

In a recent judgement released by the Court of Appeal, is has been decided that the agency worker (James) was not an employee of the end client (Greenwich Council).

This case involved a Ms Merana James, who claimed unfair dismissal because her agency sent another temp worker to Greenwich Council when she took time off from the work.
Upon her return after a month’s absence Ms James found another temporary worker supplied by her agency carrying out the role. It was then that she claimed that she had worked for 3 years with the client and that she was an “implied employee” and entitled to the entitlements of a permanent worker.


Your Employment Status Doesn’t Change Because Of A Length of Time

The courts found that the length of time she had worked for the client had not provided her with employment status, she was not deemed an employee of the client. They stated the governing contract she had was a temporary agency workers agreement with the agency which had not been supplanted with an implied contract of employment between her and the end client.

Many UK contractors and their clients fear that after a year or more work for a single client an employment relationship can automatically exist between the two and IR35 becomes applicable. This does not appear to be the case.

Comments

Comments are closed.