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Starting Out- need your help

Discussion in 'Business and Contracts' started by Jojingles, Sep 20, 2021.

  1. Jojingles

    Jojingles New Member

    Hi all,

    Slightly long post but I could do with your collective assistance. I have been working permenatly for a company which I have helped grow from day one, in that regard I have built most of the systems and processes. The business is located 150 miles away and before COVID I used to travel and stay over etc. Since COVID and not being able to travel I have decided that I do not want to continue being away from my family etc and so I have decided to set up a company and do Small Business Consultancy work.

    My current employers have requested that I do some consultancy for them as me leaving will leave them in a bit of a hole. I am happy to do this as I enjoy the work but the location and travelling is not right.

    I am senior enough in the business that I work from home now, do not really have a manager and decided what I do and when I do it, so moving into contracting should not be so difficult.

    We all want the contract to be outside IR35 and generally this will not be an issue as new projects will come up etc and these will be on a project by project basis. However as I am so integral to the business they need me to support the systems and process and generally have access to my knowledge if required.

    I am considering doing a 6/12 month, 2 day a week or 15 hours retainer to cover this as it will give me a bit of security as I start my new business but I am concerned about the IR35 implications of this. The contract will be to provide advice or resolving ad hoc problems when they arise in the business. I am unsure how to document this so that it stays outside of IR35.

    I know it will also depend on the working practices and for this I will operate a ticketing system where they can log an problem or issue they need my assistance on.

    Do you think a contract for general business support by retainer is a problem or do you think this is fine and what recomendations would you suggest to document this correctly.

    I understand that the company will determine the status but in that regard I will likely be dealing with this for them whilst I am still employed so I would appreciate any assistance.


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