mrlondoninuk wrote: ↑Tue Nov 21, 2017 9:37 am
marcnath wrote: ↑Tue Nov 21, 2017 7:40 am
mrlondoninuk wrote: ↑Tue Nov 21, 2017 1:00 am
Hi Members
I have a contract with my client but it is via an agency and the contract has the wording 'Employment Business'. I did not submit my contract with my application. The contract also states it does not fall under IR35. Now, I wondered what is it I can do to if they ask me to show the client contract in the interview. What are my options.
Senior members please advise.
Regards
Employment business is so vague. A recruitment agency is an "employment business". So what is your concern ?
Thanks marcnath and Natsha
My only concern is since the word Employment business is worded, would it create an issue in proving that I am doing a contract for service and not of service? My contract do state things like this contract is deemed outside IR35, substitution allowance, everything mentioned is between my client and company name and my name only appears when I sign it with my name etc which favours more into a business relation. So if they ask me for my contract am I okay to show them my contract without any issues? Would they not raise any query on me working via a recrutiment agency and hence not termed as a business?
Not sure if anyone got any such question asked in the interview or after.
Please advise.
Regards
See below from guidance notes
Genuine Entrepreneur Activity (contract of service with another business)
A41. If you are granted leave to enter or remain as Tier 1 (Entrepreneur) migrant, your leave will
prohibit you from engaging in employment except where you are working for the business which
you have established, joined or taken over. You will comply with this restriction if, for example, you
are employed as the director of the business in which you have invested, or if you are working in a
genuinely self-employed capacity. In this capacity you will have a contract for service.
You may not, however, be considered to be working for your own business if the work you
undertake amounts to no more than employment by another business
(for example, where
your work amounts to no more than the filling of a position or vacancy with, or the hire of your
labour to, that business, including where it is undertaken through engagement with a recruitment
or employment agency). In this capacity you would have a contract of service. This applies even
if it is claimed that such work is undertaken on a self-employed basis.
In considering whether your work amounts to genuine self-employment (and is therefore work for
the business which you have established, joined or taken over) or is in fact employment
by another business, we will take into consideration the factors set out in the employment status
section of GOV.UK.
If your work amounts to no more than employment by another business, we may consider you to
be working in breach of your conditions of stay, and that you are therefore liable to curtailment of
your stay and/or removal from the United Kingdom.
