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As UK contractor I try and keep well clear of the governments IR35 clause at all times.
However, I noticed that you can complete a series of questions on HMRC's IR35 site that identifies whether you are IN, or OUT (ideal) of IR35. One of the questions that it asks, to which you'll need to reply 'Yes' to, is, "Can you supply another person to take over from your role, if necessary". Now, as a contractor I could easily pay a finders fee to an agent(s) to find someone, or, just call around friends and pass colleagues, but at certain times of year this could be difficult.
As everyone will need to provide this service should they leave their contract early the availability could be worn thin, although thankfully this requirement should be rarely required.
To cater for if/when this situation should happen I keep wondering whether I need to form some kind of group (Club), set up whereby you can contact a group of individuals that have the skills you're looking for should this situation ever occur. Obviously there are many other factors to take in account when looking for a replacement for your role, like whether they are currently free of contract, whether the geographic location is agreeable, and whether they have the skills and temperament for the client.
I'm pretty sure the agents will be on this soon, if not already, and will offer a standard IR35 replacement finders fee rate for such services.
Anyway, It would be good to have informal clubs/groups set up, and maybe joining of clubs to form a network for when/if this need ever arises.
Rules will need to be set up though. For example, just because someone has become bored/pissed off with their current role they can't use this service claiming that something has come up that means they need to find a replacement. That person would need to provide proof, of some kind, of why they can no longer continue offering this service, etc. Perhaps a standard letter completed by the Client to say they have instructed Person A to find Person B as a role replacement, and perhaps the role requirements. Then there'll be no surprises to the person replacing.
Anyway, food for thought, I hope.
By the way, that site is: https://www.tax.service.gov.uk/check-employment-status-for-tax/setup
Although it does not seem to be working at present, or the URL is incorrect. But it has been working as colleagues of mine have used it.
2 posts • Page 1 of 1
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