IT Contractor

Dasa  

IT Contractor: IT Contractors & Contracting, IR35, Computer Contractors & Contracting, Contractor Umbrella Cos,  Accountants, Insurance

Home - Articles - Forums - Jobs - Links - Memories - Reunions - Contractor Search - Polls - Quiz - Services Directory

Contractor Articles:

IR35, Advice, News, Jobs, Forum & Money
 

Umbrella Companies:

Which Umbrella Company
Umbrella Company Guide
MSC to Umbrella Company Conversion
 

Contractor Features:

IT Contract Search
Polls
FAQs
Quizzes
Contact Us
 

Contractor Services:

IT Accountants
Umbrella Companies
IR35 Consultants
Financial Advisors
Legal Advice

Mortgages
 

Contractors Reunited:

Contractor Search, Reunions, Memories & Address Book
 

My Account:

Personal Details, Inbox, Address Book & Jobs

Login:

Email:

Password:

Remember Me:

Password Reminder

Remember Me
Ticking this box allows you to skip the login process on return.
 

Non-members:

If you are currently not a member of IT Contractor and would like to access all the features on this site, please click here to join for FREE!
 

Newsletter:

If you are not a member of IT Contractor but would still like to receive the newsletter please click here to send an email to us with your email address.
 

Bookmark:

For Internet Explorer users only.
 

IR35 case – significant and insignificant factors

Author

Gerry McLaughlin

Date

4/6/2004

Article:

Of no significance

1. The timesheets that he filled in were of no significance as it was just a means of recording the time he worked in order to get paid.

2. He was required to carry a security pass (albeit one identifying him as a temporary, rather than permanent, member of staff).

3. He was required to attend safety briefings

4. Likewise the Special Commissioner found it of little significance that (even if after some time had passed by) Mr Hood became a user of ABB’s email system. The fact that he was engaged only temporarily did not diminish the need for communication with him.

5. According to the Commissioner: “I also read no significance into the fact that the intellectual property rights in the designs produced by Mr Hood were retained by ABB. Whatever his status, it would in my view be quite remarkable if ABB, having paid Mr Hood (if only indirectly) to produce such designs, had then left him at liberty to sell them to its competitors”.

6. His work was checked in the same way as that of ABB’s own employees, but I do not regard that as a significant factor since the stringent safety requirements ABB and its own customers imposed rendered careful checking inevitable.

Of significance

1. The company’s business was, in effect, the hiring out of Mr Hood to various companies engaged in the oil industry

2. Allocation of work - Mr Hood reported to the technical manager to whose project team he was assigned at any given time. Mr Hood was thus expected to, and did, accept those tasks allocated to him at weekly meetings.

3. Provision of equipment - ABB provided all the necessary equipment including particularly working space at its own premises (where Mr Hood was required to undertake the work) and the computer and software necessary for its performance.

The Verdict

Read now (next article down) why the Special Commissioner gave his verdict against Mr. Hood.
 

IR35

Advice

News

Jobs

Money

Forum

 

Advertisers:

Advertise Here
Your text here...
 

Contractor Products:

PI Insurance, Health & Safety Policy, Mortgages, PHI Insurance, Critical Illness, Life Cover, Pensions & ISA’s.
 

Advertise Here!

 

Advertise Here!

Advertise - Contact Us - Frequently Asked Questions - Feedback - Tell a Friend

Umbrella Companies -IT Contractor Computer Jobs - IR35, contractor mortgage, and PAYE Umbrella Companies- Umbrella Company