The allegory of Dragonfly

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Posted on Shout99 by Den_ny, an allegory to sum up the recent decision in the IR35 case Dragonfly Consulting Limited.

Imagine this: You are a Cat - independent, can wander where you want, needs minimal control and chases mice for the right rate.

The client wants to hire a cat through Pets Recruitment, but they've briefed the client that they must act like a dog - as specified in the upper contract. But they don't want to actually hire a dog because they foul the footpaths, need taking for walks and cost a lot to feed. The client wants an independent creature that looks like a cat, that miouws at interview and on paper, but actually behaves like a guard dog, and barks when intruders come on site between 9-5pm, Monday to Friday.

So Pets Recruitment tell you their lower contracts are Puss...

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15th Sep 2008 11:54

Re-check your contracts by a professional
I couldn't have put it better myself, witty at a dismal time for Mr. Bessell.
If the agencies want to secure their fees, then some 'transparency' will go a long way. They must inform their contractors of what is written in their contract with their client. Both contracts must be reflective of each other, and more importantly, portray the true situation in the workplace.

As we have seen in this Dragonfly case, simply adding clauses over time won't wash with the HMRC.

Perhaps now is the time that contractors should be re-checking their contracts with professional advisors; and asking prominent questions to their agency.

I wonder, just how many similar cases are out there just waiting to be uncovered? Scary...

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