Common IR35 Errors Guide - Part 4

  • “My contract states the hours that I have to work – this means I’m controlled by the client.”

When discussing control one has to be careful regarding the definition of control itself and specifying the hold that a client has over the contractor. It obviously would not be beneficial for a contract to stipulate the exact hours that a contractor starts, when they take their lunch break, and when they can inevitably go home. These would obviously all be traits found within an employment agreement, therefore unacceptable for a limited company working contract.

This being said, the rate of payment for a large amount of contracts is in fact based on the professional working day, and if this is the case, if the original contract lays out what that is, then it isn't particularly a problem in relation to IR35.

By:Troy Stevens

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