IR35 in job adverts
Since April 2017, IR35 status has featured in contract job adverts as any other fundamental information like location, pay, perks and position.
IR35 has a huge effect on contractors and there is a need to put this is in job adverts because before applying to job you need to know how much it will pay.
The agencies need to place contractors quickly and don’t have time to investigate IR35 status with each candidate before they put them forward. But they don’t want to provide candidates who might later refuse the role because of the IR35 decision
Separate assessment should be conducted for each contractor, so NHSI advised that individual assessments should be made and each contractor’s circumstances should be considered as unique.
In practice this is difficult to do and advance decisions are often the only way to manage the situation.
The IR35 status featured in public sector job adverts is generally decided way in advance of the role being advertised, as it will have an effect on the rate offered and, in turn, the experience-level of contract workers that can be provided.
With IR35 being complicated, and with a need for explanation for everyone who encounters it for the first time it is not enough just to put bold letters on the top of advert. On the other side, the agencies have limited space for advert, and it is impossible to include the explanation of IR35.
They assumed that if the status is going to affect your interest in the role, you’ll already have an idea what it means. If not, you will get explanation once you’ve contacted the agency.
The IR3 status can be changed – it is not necessary fixed.
IR35 decisions are made by the end-client, so the HR teams can seek assistance from external specialists, but the client may be unwilling to reconsider the status.
The degree of flexibility will depend on the end-client’s internal policy and, to an extent, their attitude to risk.
The IR35 status in adverts for public sector contracts will continue to show up. Potential candidates need to know how much the role will pay.
However, if you think you’re working under the wrong status you should discuss this with your agency or client.