IR35 - Engaging the right way

You have a business requirement and realise that you need to bring in extra pair of hands.

The requirement is only for a particular project. You don't need the extra pair of hands on an ongoing basis.

So you decide to bring in a contractor.

HOLD IT! WAIT A MINUTE!! THINK IR35!!!

Discuss Requirements - Not Interview

Interviews are for employees. When you are looking to hire a contractor, you don't interview. You bring them in based on recommendation, explain the requirement and get an estimate.

Statement of Work Contract

You will need a contract. But not just any old-fashioned contract. This contract will need to be based on a Statement of Work.

Think about what you need done and put that in the contract.

You don't need someone at a desk Monday to Friday 9 to 5. You need the work done.

Get the contract reviewed

Compile the working practices. Sit down with the contractor to discuss these at length.

Get this Statement of Work contract and the working practices reviewed by an IR35 specialist like QDOS or IR35shield.co.uk.

Be mindful with the working practices

A contractor is not an employee. So don't expect them to be a bum on the seat Monday to Friday - 9 to 5.

They will deliver the work as they see fit - as long as it meets your requirements. They will have control.

And once they are done, you are under no obligation to assign them any more work.

These working practices will be part of the review process

New requirements? Think - New contract

If you come up with new requirements, that will need a new contract.

Regular reviews

Sometimes things change. Circumstances change. Hence, having a regular review of the contract and working practices is important.

Get regular reviews of both and keep a record.

Summary

You would not let a plumber work on your car engine. So why let a Payroll Provider do IR35 status assessments?

Use the services of an IR35 specialist for IR35.