• That makes you more contractory.

    Which is good, as you wouldn't be caught by IR35.

    In the other circumstance, you could be taxed as an employee, under IR35 (and the employer may be taxed NI etc...) BUT it would be tough to succeed in an employment rights claims.

    [Edit] I'm way out of date on this stuff...

    You still seem to have an employee relationship with the first company, given the tests.

  • Yes I didn't think IR35 applied to this circumstance, but it's good to have this backed up.

    Am I a worker not an employee though because "workers are not employees if they are free, without penalty, to accept or reject any offer of work made to them"?

    Either way I should still be adding holiday entitlement at the 10.77% rate to all invoices right?

    Cheers for your help with this by the way!

  • I think - could be wrong though - your best option here if they won't accept that you are 'Worker' is to PAYE via an umbrella company.

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