Reply to post: Re: Life goes on

Royal Bank of Scotland IT contractor ban sparks murmurs of legal action

Professor Clifton Shallot

Re: Life goes on

> none of the things that you mention are indicators of being inside IR35

Right of substitution is absolutely key.

If we can provide alternative workers to the client as a contractually enforceable right then IR35 is not going to apply - if the company has one worker, and can provide that worker or no one or if the client won't accept a substitution then IR35 bites.

So the fact that in almost every case the same worker is supplied to the same client day after day with no contractual obligation on the client to accept, and no ability of the company to provide a substitute is precisely an indicator.

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