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Say i go into work every day and am essentially an employee. But as I was found through a friend of the boss, there was never a contract. I just get paid into my company and draw dividends from it. Surely if I don't have a contract then i am in theory my own boss. I can leave whenever, they can replace me whenever etc.. and i therefore fall outside of IR35?

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    If you yourself say you are "essentially an employee" then you might have answered your own question - you fall within IR35. IR35 isnt about the terms of the contract between you and an employer, its about the relationship you have. Can you come and go as you wish, can you refuse work, can you send a random person in your place whenever you want etc etc Under UK employment law, contracts do not have to be physically in existence, just an acceptance of work and payment in many cases is enough to grant you statutory employment rights. – Moo Jan 22 at 0:18
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    The contract would be a hint, but what counts is what really happens. – gnasher729 Jan 22 at 14:21
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So, since you don't have a contract, you are working because you feel like it and they are paying you because they feel like it?

If you were to work for a week, there would be no obligation on them to pay you for that week? And if they did pay you for a week, there would be no obligation on you to work for that week?

You have a contract!

Whether that is as an employee (contract of service) or a contractor (contract for services) or an IR35 (off-payroll worker) depends on the particular facts. It does not depend on what you or your principal describe you as.

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  • thanks for clearing that up, thought id found a loophole there lool – AGrush Jan 22 at 15:07

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