Posts by Sir Runcible Spoon 5770 publicly visible posts • joined 29 May 2007
"If your contract with the company allows you to send "a resource" then they are probably genuine"
This part of IR35 is probably the most onerous part of it, especially in my field.
My company contract *does* allow for me to supply a replacement (in theory) - but in order for that replacement to be accepted they would have to jump through a lot of hoops,
-Background checks
-Access cards/network accounts etc.
not to mention that they would be starting in a complex environment it took me months to get to grips with and a year or so to get to the point where I stopped having to ask so many questions.
Whilst all this is possible, and permissible (according to the contract) - in reality if I tried it it would almost certainly result in an immediate invocation of the termination clause.
So, does that mean the contract would be inside or outside IR35 on that basis alone?
@AMBxx: "Sir runcible, I think you and I are the exception rather than the rule. I'm concerned about being caught in the crossfire with customers being less inclined to use me."
I'm not sure what you mean. Are you contracting?
I won't lie, I've had to 'teach' most of the other contractors that work in the same team as me about presenting yourself as independent (I'm not saying you should ram it down people's throats though).
As an example, I have a 'standard' corporate signature because I use their mail system and laptop to do the work they need me to do (security reasons) but I make sure there is a small amendment - so instead of saying - Security Consultant, <Company X> - it says Security Consultant, on behalf of, <Company X>.
It's also useful to actually *read* your contract :) Mine clearly states that I must never present myself as an employee of <Company X> - so if Company X complains I just point them at the contract they signed.
I will admit to being a right royal pain in the arse and a stickler for the rules, but as long as this also applies to the *service* I provide, it gets forgiven. The manager of the team I work with would love to be a bit more 'cowboy' and thinks I'm a bit paranoid, but he has no problems in setting me on other managers if he thinks they're taking the piss so he puts up with it - so I must be like some kind of double-edged sword :)
"it's very difficult to distinguish between a job-hopping employee and a "serial monogamist" contractor"
It isn't really about how long you stay doing one thing, it's about liability and risk.*
When a company hires a contractor, a large amount of risk is taken up by that contractor (you do know that some companies are slow to pay other companies don't you? Try that with a payroll and see how long you last!).
A huge amount of risk takes the form of being 'cull-able' at a moments notice without any HR/redundancy headaches - that's something a company should pay for isn't it?
Money for contractors also comes out of other budgets than permies and don't get measured as 'headcount'.
It's easier to hire a contractor too, takes a lot less time - also - if you get it wrong you just get rid of them, whereas a permie has *rights*. You can't just get rid of a permie because they are a bit slower than you'd like. Contractors are a vital part of the work-force these days, especially in IT.
Most people I know who are capable of being contractors don't do it usually because they have kids and they like the stability of knowing where their paycheck is coming from.
Although, it has to be said that I have had more job security since I became a contractor than I ever had as a permie, primarily because you *know* the risks and you take steps to minimize them, something most permies don't do.
For example, when redundancies come around - I've seen people who've worked for that firm 15-20 years and believe that they won't be culled and are very surprised/upset/angry when they are. I once got a call on the *way* to my first day on a contract - like an idiot I took the call - and they told me they didn't need me anymore (if I'd walked through the door they would have owed me the notice period at least).
It didn't upset me very much, I went home and followed up on one of the other leads I had, no fuss.
If you are a permie, and you're not familiar with the contracting down side, do you have enough money saved up *that you never touch* to ensure you can live for 6 months without going into debt? Most people don't - but if you are a contractor and you don't have that then you are in for a very rude awakening, because you live and work from day to day. This also has the added benefit/stress of ensuring you stay current. I don't know *any* contractors who are both successful and apathetic.
I'm not suggesting permies are apathetic (I need a better word here) but I have noticed a tendency to 'get comfortable' so to speak.
If you can imagine a sliding scale, 0-100, where 0 is a contractor who puts themselves inside IR35 and plays it *really* safe with expenses etc and 100 is someone who pushes every rule and boundary to leech another 10p from their company sans tax, then guess who HMRC goes for first? So just because a particular contractor is bending every rule in the book doesn't mean they will not pay for that at some point. Me, I probably sit around 30 on that scale - I don't need to take the piss and it's extra risk I don't need - I have enough already :)
*edit: I took so long writing that someone else made the point first :)
It's also important for the contractor to maintain a 'separate mindset' approach where they're placed.
Whilst the team I am working with can provide me with things they would like to do, they are left in no doubt that it is I who determine how best to achieve their desired result.
I also make it clear to any clients of the company that I am independent (i.e. I don't present myself as an employee of the company I am working with) - much to the occasional dismay of the team manager that I'm working with - but I think he gets it now :) - if he ever wants me to do something or go meet someone he asks me, never tells me. It's the little details that I think might help if the relationship were ever closely scrutinized.
Oh, and if they ever decide that I *am* a full time employee of someone elses' company, they can bloody well stump up for sick pay, holiday pay, redundancy payments, training, decent notice period and pension contributions etc. as well as all my back-dated accountancy fees. I can't see how that will end up cheaper.
Perhaps if this all kicks off we (contractors) can start a crowd-funded court case against HMRC to sue them for lost benefits or something.
"You think this website or it's host is trustworthy?
Ohhh.. you only think you need to worry about facebook? There isn't much difference."
Really? You don't see the difference between someone having to dig into someone else's systems to obtain additional details and having it all splurged out in plain sight for anyone to see?
Ok, it's your mind, I'm just glad I'm still capable of making distinctions and haven't completely left the reservation yet :)
Don't bother telling people you don't care about, the more low hanging fruit there is on Facebook et.al. the more effort it would be to target someone with a low profile (like me!).
Most crims. fish with large nets in common fishing grounds. They would have to have a very good reason to go hiking into the Scottish Highlands with a fly fishing rod and hand made flies - much more effort.
As a result my main concern is to ensure I don't piss anyone off who has the requisite skills and mindset :)
Also, people die in car crashes - no-one tells people not to drive. Same psychology at work here I reckon.
I was involved in a discussion the other day around the juxta-position of many UK youths complaining that their elders had sold them out and ruined their lives etc. (/whinge/whine) when most of them who seem to be complaining didn't get off their arse and *actually* vote.
They *expected* everyone to vote remain, popular opinion and divided polls aside.
Now, quite a few of these youths (and apparently people of more aged appearance) now seem to be taking solace in AR (aka Pokemon) in a kind of mass ostrich-like 'head in the sand' behavior*.
*At least that was the general consensus of what we were seeing happen at any rate. People aren't happy, feel disempowered in some way = stick head in sand and bleet about it online.
Just an opinion piece of course, no facts were harmed in the composition of this post.
I'm seeing both sides of the coin here, because I never heard of this guy before - and now that I have it's all negative and a warning about abusing other people will get you banned etc.
On the other foot, I also believe that people who become serial killers to make a name for themselves should be assigned a really dorky sounding code word and their actual, real, name forever struck from public records.
Eg. Ted Bundy could be known as 'Mr Bunny' or something. Take away the fame/notoriety and it might prevent someone from going on a kill crazy rampage one day (maybe..worth a shot).
100% Agree. All the best sci-fi books I've ever read are more about the people than the technology - the tech is just there to create new backdrops and scenario's to explore reactions.
Space Opera is a prime example of the best kind of writing there is, regardless of genre.
Every once in a while my wife convinces me to read a 'mainstream' book, times best-seller kind of thing. I have to say, that even though the subject might be interesting and that there are some novel ( ;) ) ideas presented, it's like they are written for 5 year olds. So much so that I actually had to ask if the style of writing was typical for the author or if it was written that way as a kind of subtle subtext to the overall plot.
Oh boy was I being generous! :)
"I was counting on the *odd*-numbered ones this time round"
It looks like they've adjusted the formula, perhaps they've moved on to a logarithmic scale with an unknown constant for a multiplier. When they make another watchable one we will have more data, but for now just expect the worst :)
it's for the weekend etc.
However, whilst technically you can't speed up the actual packets, you *can* speed up how many packets you can send in a particlar arbitrary time-span.
Isn't that how we went from 9600 baud to 20+Mbps ADSL2+-ti ?
Also, I may be mistaken (not bloody likely, but you know, humility) but hasn't wi-fi speeds improved over the last decade?
I know it's not exactly what the bozo mentioned in the article was referring to, but I'm feeling picky. It's not quite beer o'clock :(
"What I find odd is that people in the office saw me with the Doom DVD and some offered comments along the line of my being a nerd, gamer, weirdo, potential axe murderer etc"
This is something I find really odd. I used to be quite an avid gamer (wife was a gaming widow up until my late 20's I suppose) and people use to look down on me for it.
Those self-same people are not only spending loads of time on games on their phones, but they are spending crazy money. There are people out there who have spent more money on in-game purchases than I have on a water-cooled gaming system!!
Fucking hypocrites.
It *is* possible to 'break' SSL encryption by using something like a Bluecoat SSL Visibility Appliance that performs digital re-signing on the fly whilst passing on the actual data for malware analysis.
Of course, the amount of equipment and bandwidth required to do that en-masse would bankrupt the country, let alone a comms provider.
"But how were those machines infected in the first place?"
Considering the lengths this software went to avoid detection I'm interested in how it was discovered (unless I rushed past that bit to get to the detail).
There is a ton of stuff in the analysis that could be used to foil this malware, so it's obviously relied on being obscure enough to not be detected, but even something as simple as using internal CNAME's for AV sites would break one aspect of the functionality (i.e. routing all those common AV names to 0.0.0.0).
Also just putting a few dummy files on the secured system to make it look like it's running AV to make it self terminate - it would be a lot of faffing about, but it's something I would consider doing if I were managing these windows boxes.
I'm sure that the actions of these fucked up coppers (police) are not the norm, and that there are likely lots of decent cops in the US.
However, until the Police authorities start treating these rogue coppers as criminals in their midst (i.e. not welcome) nothing will be done to prevent more rogue cops getting away with murder.
If they make an effort to clean up their house and communicate to their police that this is not the way to behave and if they do they are out, in court, jail etc. then maybe they will earn some respect.
EARN some respect. Not demand it at the point of a gun. Otherwise long term prognosis is anarchy.
In the video, the woman believes her man to have *only* been shot in the arm, as he's still alive (but being very quiet and obviously covered in blood).
However, during the video he just, slips away, and she does start to freak out a bit at that point, even though she's obviously making a huge effort to stay calm.
It was heartbreaking to watch to be honest.
I think the next big thing will be sphinctology - an in-depth evaluation of the bumps/ridges/gaps and general condition of a sphincter so as to generate an 'arsehole' index.
In a 0-10 kind of way, I'm probably a 6 on the sphinctology scale, but I might be doing myself a dis-service there :)
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