This is the Published Articles page - This page is primarily relevant to Contractors and Freelancers

 

Published articles: 

 

Over the years (beginning with the articles I wrote 1995-2001 for ‘Freelance Informer’ – now withdrawn from this site, in view of their age), I’ve contributed to many articles relevant to contractors.

 

A word of caution:  statutes and regulations change, and case law is constantly evolving.  The older the article, the greater the risk that it no longer reflects the current position accurately – it is always to take up to date advice, so that you can take your own informed decision on an issue affecting you!

 

The Contractor UK articles are mostly news;  the ContractorCalculator articles are mostly are attempts to address problems facing contractors;  I was astonished to see how many I found, when compiling this page.  Here are links to a few:

 

• UK Business Forums 20-12-23 Revealed: The very BIGGEST business mistakes of 2023

 

• Freelance UK 25-7-23 Freelancers, you can’t serve two different employers at the same time

 

• Contractor UK 14-7-23 IR35 is the elephant in the room in Plastic Omnium versus Horton

 

• Freelance UK 20-2-23 Freelancers reminded that labels don’t decide or alter employment status

 

• Contractor UK 16-3-22 What are the Conduct Regulations?

 

• Contractor UK 1-3-22 – Does my contract need to be in writing?

 

• Contractor UK 18-2-22 – How do I charge a monthly retainer?  5 tips for contractors

 

• Freelance UK 3-12-21 - Self-Employment Income Support Scheme Discriminated Against Mums – Verdict

 

• Freelance UK 9-8-21 –‘Tumble dryer of misinformation’ may put freelance projects in a spin’

 

• Freelance UK 17-10-19 – Any recourse if my authorship credit was removed?

 

• Contractor UK 2-8-19 - ‘Self-employed’ taxi driver picks up both ‘worker’ and ‘employee’ status

 

• Contractor UK 28-6-19 – Treasury to publish draft IR35 legislation on July 11th

 

·       Contractor UK 24-9-18 – Can my pay be withheld if I stole from the client?

 

·       Contractor UK 24-7-18 – Why the IR35 ‘blanketing’ row misses the point

 

·       Contractor UK 19-6-17 – Is their cut to my rate a breach of contract?

 

·       Contractor UK 8-2-17    Second MoD body threatens to axe PSCs

 

·       Contractor UK 7-2-17 - Tackling the IR35 review quandary -- an attempt

 

·       Contractor UK 13-1-17  Contractors' Questions: Can a contract offer for May be guaranteed now?

 

·       Contractor UK 22-9-16  Contractors' Questions: Is my Agency Conduct Regs opt-out still valid?

 

·       Contractor UK 10-8-16  Contractors' Questions: Should I opt in or out of Agency Conduct Regs

 

·       Contractor UK 4-3-16    Which expenses are outside T&S rules?

 

·       Contractor UK 28-1-16  Should I be paid for ‘unsatisfactory’ work?

 

·       Contractor UK 20-11-15 – ContractorUK article (IR35)

 

·       Contractor UK 24-9-15 – Contractors' Questions: Am I entitled to holiday or sick leave?

 

·       Contractor UK 19-9-15 – Contractors’ Questions: Should the agency be charging me admin fees?

 

·       Contractor UK 11-3-15 - Freelancers' Questions: Can I charge 5% interest each week I'm unpaid?

 

·       Contractor UK 23-12-14 - Contractors' Questions: What if my IT contract's shorter than I was told?

 

·       Contractor UK 5-12-14 – Government’s dislike of umbrellas unfolds

 

·       Contractor UK 5-11-14 - Simplicity still eludes employment status cases

 

·       ContractorCalculator 15-10-14 - Contractor Doctor: Do contract terms still apply if I start the contract early?

 

·       ContractorCalculator 6-10-14 - Do I need to give notice if there is no written contract?

 

·       ContractorCalculator 30-9-14 - Contracts tainted with illegality are unlikely to be enforceable

 

·       Contractor UK 5-9-14 - Contractors' Questions: Was I misled about my recruiter's margin?  Legal aid for an IT contractor feeling stung by the agency on his daily rate.

 

·       Contractor UK 6-8-14 - OTS status review 'bound to have knock-on effect on IR35'  Experts say an (unintended) impact on IR35 is the likely result of employment status reform.

 

·       Contractor UK 18-6-14 Furious peers pummel Osborne's 'flimsy' IR35 response – Contractor UK cited in the Lords, to reinforce their attack on the state's 'dismissive' reply (see paragraph 4 - Baroness Noakes quoted in the House of Lords from my contribution to the Contractor UK article on 10-6-14).   

 

·       Contractor UK 10-6-14 Osborne's reply to PSC inquiry 'a clichéd PR job' IR35 experts unmoved at the chancellor's Lords response, despite its veiled threats.

 

·       Contractor UK 8-4-14 Lords 'slap HMRC in the face' over PSCs and IR35  The PSC Committee's report is scathing about the taxman, not contractors.

 

·       Contractor UK 11-4-14 Contractors’ Questions: Is my IT recruiter an ‘employment business’?  'Control' under the EAA means less than that needed to establish IR35.

 

·       Contractor UK 5-3-14 ONS cuts IT contractor pay rates by 6%  Even bigger downgrades on offer to IT contractors who want 'additional security'.

 

·       Contractor UK 5-3-14 'IT contractor the loser of a botched bid to prosecute recruiter'  BIS fails to hit an agency accused of trying to squeeze an IT contractor for £55,000.

 

·       Contractor UK 15-4-13 Contractors' Questions: Is my termination clause legally binding?

 

·       ContractorCalculator 12-12-13 Contractor livelihoods threatened by new ‘false employment’ test

 

·       ContractorCalculator 28-11-13 Force majeure and frustrated contracts - guide for contractors

 

·       ContractorCalculator 31-10-13 Understanding contract law can go a long way when agencies misbehave

 

·       ContractorCalculator 14-10-13  Do I owe my agency damages after it terminated me for being ill?

 

·       ContractorCalculator 5-9-13  Is my agency’s restrictive covenant valid after losing PSL status?

 

·       ContractorCalculator 31-7-13 Does signing a new contract after one goes cold put me in breach?

 

·       ContractorCalculator 25-7-13 I’m being bullied to join a teambuilding day, what’re my options?

 

·       ContractorCalculator 29-1-13 Can a restrictive covenant be implied if not in the contract?

 

·       ContractorCalculator 24-1-13 IR35 office holder changes: very few contractors will be affected

 

·       ContractorCalculator 29-11-12 Contractor guide to the ‘restraint of trade’ principles

 

·       ContractorCalculator 27-11-12 Contractors able to substitute are outside IR35 confirms UK Mail Ltd v Creasey ruling

 

·       ContractorCalculator 21-9-12 Can clients and contractors cut out an agency lying about margins?

 

·       ContractorCalculator 19-9-12 Can I contract directly with a customer of my former employer?

 

·       ContractorCalculator 19-9-12 Must I contract with an agency that first sent my CV to a client?

 

·       ContractorCalculator 23-7-12 Can I contract direct for my client if I have no agency contract?

 

·       ContractorCalculator 4-7-12 Does hiring other contractors put me outside IR35?

 

·       ContractorCalculator 25-5-12 If my client lets me substitute purely for IR35, would it count?

 

·       ContractorCalculator 4-5-12 I was injured on contract then terminated. What are my options?

 

·       ContractorCalculator 29-3-12 What can the agency do if I cancel my contract before starting it?

 

·       ContractorCalculator 23-2-12 Contractual clauses and the Agency Workers Regulations (AWR)

 

·       ContractorCalculator 26-1-12 Can I bypass an agency offering unfair terms?

 

·       ContractorCalculator 19-1-12 Can my agent withhold £10k based on 17-year-old restrictions?

 

·       ContractorCalculator 22-10-11 Can my client refuse to pay me on the basis they’ve not been paid?

 

·       ContractorCalculator 13-9-11 Terminating a contract when you have no termination or notice clause

 

·       ContractorCalculator 24-8-11 Can my agency charge a £5,000 penalty for early termination?

 

·       ContractorCalculator 16-6-11 Can I escape a contract for services with no termination clause?

 

·       ContractorCalculator 13-12-10 Can my agency withhold pay if I left the contract without notice?

 

·       ContractorCalculator 23-11-10  Contractors can circumvent poor agents that fail to adhere to the Conduct Regulations

 

·       ContractorCalculator 15-11-10 Can my agent find me a contract before asking about conduct regs?

 

·       ContractorCalculator 9-11-10 My client wants me to commit to future contract rates – can they?

 

·       ContractorCalculator 13-9-10 Terminating a contract when you have no termination or notice clause

 

·       ContractorCalculator 1-9-10 Restraint of trade rules do not mean contractors can bypass the agency

 

·       ContractorCalculator 1-7-10 My client has asked me to move location – do I have to relocate?

 

·       ContractorCalculator 27-5-10 If my client blocks a substitution can I claim breach of contract?

 

·       ContractorCalculator 1-5-10 Contractors caught by IR35 who believe the agent was at fault have few grounds to sue

 

·       ContractorCalculator 20-4-10 Why contractors caught by IR35 cannot necessarily claim employment rights

 

·       ContractorCalculator 17-3-10 Can the firm that bought my client refuse to approve timesheets?

 

·       ContractorCalculator 24-2-10 Can I legally challenge early termination by my client?

 

·       ContractorCalculator 5-10-09 Can I renegotiate a poor rate mid-way through the contract?

 

·       ContractorCalculator 24-9-09 Can my agency refuse to pay an approved and signed timesheet?

 

·       ContractorCalculator 14-8-09 Verbal contracts are not worth the paper they are not written on

 

·       ContractorCalculator 25-6-09 Are restrictive covenants enforceable on overseas contracts?

 

·       ContractorCalculator 20-5-09 Contractor Doctor: client and I disagree over my contract end date – who is right?

 

·       ContractorCalculator 30-4-09 Can my client force me to work fewer hours than my contract says?

 

·       ContractorCalculator 3-4-09 Can an agency sue me because I went to the client direct?

 

·       ContractorCalculator 5-2-09 Calling all contractors: know your rights and don’t ever let them get away with it! (a blog article by Dave Chaplin, the man behind ContractorCalculator;  I only discovered this when compiling this page – made me laugh!)

 

·       ContractorCalculator 4-2-09 Sometimes agents cannot unilaterally cut rates mid-contract

 

·       ContractorCalculator 2-2-09 Continuing to work on a contract with no signed contract renewal

 

·       ContractorCalculator 28-1-09 Starting contracting without a signed contract

 

·       ContractorCalculator 18-11-08 Can my umbrella and agency change my payment terms without my agreement?

 

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