字幕列表 影片播放 列印英文字幕 Den IR35 legislation is changing next April. Yes ? I was hoping 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 not as simple as it sounds. 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 of those three is probably the control aspect. 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 Then we've got some guys we've got senior ops guys but they come and go when they want and some of them may work from home some day so that's definitely a big outside tick. What about the direction ? 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 you're still working here 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 to would you say you know you either be 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