Inside IR35 contracts present a massive advantage to some contractors.
Under the Equality Act 2010, inside IR35 ‘contractors’ are deemed workers under Section 41 of the act and, as such, are afforded legal protection against discrimination. Umbrella companies are recognised as intermediaries, and responsibility transfers to the end client. Disability discrimination is one of the nine ‘protected characteristics’. Being late diagnosed autistic and having lived most of my adult life under neurotypical expectations, I don’t usually see myself as ‘disabled’, nor ask for special consideration, but the protection is still afforded.
I have actually invoked this protection once before for ‘failing to provide reasonable adjustments’, having suffered a long-term, persistent lack of structure and clarity within the workplace, irrespective of repeatedly asking for it, even though the client engaged me as a contractor and was fully aware of my autism. It was an incredibly powerful experience being heard and having the situation acknowledged. Disability discrimination is an important topic given that up to 1 in 6 people working in technical roles are suspected to be autistic [1] and it’s no longer a conversation to sweep aside.
As someone who openly criticised inside IR35 contracts for years, my viewpoint has changed somewhat.
1. Tony Attwood; “Autism and Family Dynamics”, and “Special Interests”, Wednesday May 11 2022, ACAMH.