Following best advice on the net/podcasts/etc I'm contacting my past companies plus some new ones and all of them tell me the same exact story.
"No. We cannot hire freelancers directly. You must go through a third company (consulting firm/body shop) which we work with."
But why the heck would I even consider doing that? The whole point of freelancing (at least IMO) is being _free_ from the middlemen.
Anyway, humoring the idea of actually doing that I contacted one of these middlemen companies and was sent a hideous contract full of terms that -let's put it mildly- are not in my favor. (Liabilities fully on me, limitations on where I can go afterwards, Information asymmetry, need to support for long after project finish, etc).
So the question remains - is there any real freelancing still on? (I'm not talking platforms here - I wouldn't go there for several reasons).
Could it be that the specific market I've been looking at (UK/IE) is skewed like that and other markets are in better shape?
Thanks
The entire world is undergoing a shift because of the internet, but I don't see people talking about it. We've had a social system of personal ethics and credibility up till now, but "platforms" create this many-to-many relationship between everyone, none of whom know anything about the other, really. So everyone hides behind legal protections that are becoming more and more onerous. All of this only favors the bigger pockets. So it's a trend right up and past the point the OP is talking about, and will -- can -- only get worse.
I'm sure there's a term for all of the de-personalization, but I don't know what it is. I'm also sure that it's responsible for massive, widespread decline of mental health in society, but I digress.
And I say all of this after having dipped my toe into the consulting racket 25 years ago, working with a boss of a friend who turned out to be a giant asshat. (To wit: He embezzled all the company money on boats and trips.) I have ideas on some software that would greatly benefit some big companies in a particular market, but I know I'd have to work through someone else to make it happen, and I just don't have the energy to do that.
When that sort of situation arose for me, it seemed mostly just that companies I wanted to work with weren't really set up to handle individual freelancers. They weren't trying to scam me or let their buddies skim off the top. So, I made an S-Corp. Haven't had a problem since.
Also makes it easier to do stuff like get project insurance, which some clients have also required. It's not expensive or time-consuming, you just have to jump through the hoops the bureaucracy wants you to jump through sometimes. And if that makes you uncomfortable, then you don't have to go after or take those kinds of gigs.
GET AN LLC. Companies are a lot more willing to work Corp to Corp. An S-corp along with the LLC will allow you to pay yourself a salary. Even these middlemen are a lot happier working Corp to Corp, and should give you more wiggle room. Nobody likes a 1098-T worker. If you're concerned about anonymity, getting a corporation in New Mexico allows you to create a corporation relatively anonymously.
All told I've never looked back after ~7 years of doing this, and while job security can obviously be an issue, the comparative flexibility and freedom over your work/life balance etc more than makes up for it. Good luck!
So freelancing only is a reality if you just serve small companies; e.g. do word press and web site updates for a bunch of local businesses, and other ad hoc tech support type work. Big money contracts with large corporations is all done via service provider companies paying contractors through Umbrella or on their payroll.
And you'll gain an understanding as to why companies are doing it. The companies are covering their arses as much as possible because there have been instances where they've also been stung when the contractor has been caught out by the tax man. The middleman company is basically playing the role of insurance for the corporation.
The author also runs this website which you might find useful:
- .... But I'm guessing that's not the problem. It can be you and they are being polite, or more likely...
- A LOT of companies have hiring freezes & budget cutting they don't want to announce -- even if they are publicizing open roles -- so new expenditures only happen in very special areas. And indeed, UK is indeed particularly bad right now: Brexit + the war. OTOH, freelancing can be your in to other teams who can't otherwise get headcount, so some finesse may work too.
I found companies were much more willing to be invoiced by a limited company than by an individual, though setting up and maintaining that company is a hassle.
But, I would focus on business development efforts where you have a good existing relationship with the customer and if possible, the person who had enough pull to make the admin weenies and middle management bring you on.
In government consulting, that would be the program manager for the contractor.
I’d also focus my efforts on companies that have previously brought on independent consultants. In your case maybe web development agencies. They will take a cut, but you can use that to get relationships with the end clients too.
You might want to do a little business admin like form an LLC and such but prioritize getting leverage via relationship building with potential clients and identifying companies that you know work with soloists.
If you happen to get in the government contracting world I wrote a book on the topic. A few people who are not I. The industry have found it useful for general freelancing/consulting advice as well.
So, I have an LLC, and if the company wants to use that, they do. Not everybody requires it, but I notice that the ones with a legal department are more likely to.
Not saying that's the issue in UK/IE, but it may be something analogous. To prove (to them and the gov't) that you're actually a freelancer, perhaps you need to make your own company? IANAL, just an idea to check into.
I've freelanced about half of my career and ~80% of my gigs have come through my network. Sometimes I'm referred by friends and acquaintances and sometimes by people I've done work for in the past.
I've grabbed a few off of the monthly HN "who's hiring" thread, there are often a ton of freelance gigs in there.
I work primarily in startups, though, so YMMV at larger organizations.
If you have questions, feel free to E-Mail me.
Have a look at https://www.gov.uk/guidance/check-employment-status-for-tax
I worked as a freelancer for years and liked it, but in the end I decided to get attached to an agency because there is a lot of footwork in finding your own clients and negotiate, and I didn't particularly like this part of my job. Now the agency finds the project and I just say yes or no and start working. I also earn more even after the agency cut because they are better negotiators than I was.
I wouldn't accept a contract which said I should be on-call for support after the project finish. I only accept full-time contracts, and when it is finished, it is finished. Otherwise you go crazy supporting old projects while at the same time working full-time on a new project.
Some level of non-compete is reasonable. Like don't get hired directly by a client which know you through an agency. This would be undercutting the business model of the agency.
I'm a game dev who's been freelancing for years. All the work I've done has been through friends and acquaintances and people I've met at industry events n stuff.
Two: Get yourself an LLC anyway. I recently had a tax situation that requires incorporating. I'm kicking myself up and down. There are meaningful tax benefits to using one. Also, it creates a 'corporate veil'. In principle, a true freelance can be sued over the work that is done. If a corporation is involved, you can't. Creating an LLC with a small town accountant costs a few hundred dollars and is easy.
And cover. I know the companies I have long term contracts with are petrified of the day they might have to find a replacement. It might not be true in practice but they believe a third party management layer gives them cover, and at a lower cost than hiring two of me at once.
But you might have better luck approaching companies as a consulting firm rather than a freelancer.
Create a website for yourself to use for business as a small consulting firm.
Then approach the same companies offering the same exact service: you instantly seem more credible.
Make it clear if asked that you're not the freelancer. In fact, you can tell them you have a pool of expert freelancers and consultants ready to go for their own projects.
Sometimes my “employer of record” is a 3rd party strictly for their administrative services. In these cases the company I’m consulting for isn’t setup to pay consultants and offloads the legal and administrative work to a 3rd party. But other than the name on the check, the experience has been the same for me and I’ve negotiated the statement of work and contracts directly with a member of the hiring company, the employer of record just verifies everything is on the up-and-up.
From my understanding this isn’t true everywhere in the U.S. though. I’ve been told by a few clients that California and a few other states have locked down contracting. From my understanding a contractor can be a liability in those states because the work performed can be reclassified as “employment” down the road. Not sure if this just results in fines, backpay, or lawsuits, but I’ve had many CA companies flat out tell me “no” until they learned I was incorporated and living in AZ. This is all second hand though - I just know me being in AZ has been the turning point in closing contracts with CA companies.
I work with a few freelancers: a friend of mine, a guy i met on a platform (and we decided it's not necessary to do follow up business through that platform) and freelancers on a platform.
If I get a cold email no matter how warm and personal they're trying to make it sound I'm assuming it's from someone who emails 1000s of companies and the email goes to spam, even if I need such service because spam shouldn't pay off.
It doesn’t have to be a big body shop - most recruiters have a contractor management platform with timesheets and invoices. At the start of last year one of my QA team moved overseas with her family, and we were keen to keep her on, so we hooked her up with one of her favourite recruiters to sign her on as a contractor. The overhead we pay recruiters for contractors is considerably less than a bodyshop.
Onboarding new vendors is a massive pain in the bum for enterprise-grade companies - there’s a bunch of work that needs to happen around proving bank accounts, business credit checks, etc - it makes sense to avoid that by using known vendors when all else is equal.
Sometimes if you push hard enough and the people want you, they'll tell you the requirements etc. You'll need to talk to the finance group etc. to make sure you comply with any requirements. VMWare wanted $30M in cybersecurity insurance. It wasn't cheap to buy, but worthwhile based on the size of the contract.
Maybe it is your tax status that's causing the issue. Have you considered forming an LLC (or equivalent in your location) and applying through it?
But why the heck would I even consider doing that? The whole point of freelancing (at least IMO) is being _free_ from the middlemen.
So(at least in Ireland, where I'm based) this is an issue with the taxation authority. I'm currently fake contracting (company has no EU based entity), but the reason that they generally want a legal entity is to ensure that all your tax gets paid, as otherwise the company can be held liable for the unpaid tax.
I currently work with fenero.ie, and pay them 130 per month (which comes off pre-tax income) to use an umbrella company which deals with accounts, registration and taxation for me.
I _think_ that you could set up a company yourself, but if you're just getting started I'd recommend using a middleman for now.
I think the body-shop approach through a middleman is where most people start, but figuring out how and when to move on from that is trickier.
1. Not going through the full hiring process, especially culturally.
2. Hiring someone who wouldn't want to stay at the company.
Point 2 is where your typical definition of freelancing fits in - you're a superstar who can't fit on their payroll.
For point 1, most companies just rather pay a company to do the vetting, onboarding, offboarding, managing, HR. It's often just throwing money for manpower.
The more well-placed a company is, the less likely point 2 will happen. These companies can afford whatever prices and benefits the superstar wants. Hey, I gave up freelancing to settle at a company.
So you end up freelancing for small and mid-tier companies, or something like Fortune 500 corporates who have good money but end up dead end jobs.
An alternative might be contracting but these usually require setting up as a LTD, getting insurance, etc. you’ll also have to deal with corporation tax and other admin. The work you’ll get is more or less the same as perm work but with more risks (usually 3 or 6 month contracts, you’re the first to get fired if things get tough)
However day rates in excess of £500 are normal outside of London (£750 in London) so if you can deal with all that it can be lucrative. I use 220 as the number of working days in a year which can put your income north of £100k (ymmv).
Hope that helps, and hope you work it out.
From your story, I think you're best bet is to incorporate and do work under a company name to freelance, yes its ironic in a way but the game is the game and guess what? That's the game you'll have to play in this day and age. Plus not even mentioning the numerous benefits to incorporation (although I speak as a US-centric). Anyway good luck! No better time to freelance tbh
I was told the same. Try reaching out to smaller companies or find a connection either with executives or who can introduce you to them.
Pardon me if I'm ignorant about the situation, but could this simply mean that they just want a business entity and not an individual? It makes it easier for them since they don't need to deal with verifying your employment eligibility, issue you 1099s, IRS reporting, worrying about hiring discrimination lawsuits, gig worker lawsuits, and all that mess. Paying a company for services doesn't require anything other than wiring money and getting a receipt from that company.
Figuring out the expense record-keeping and tax stuff becomes your responsibility (rightly so).
If this is the case, you can register a LLC and be a 1-person business, and that would solve their problem.
I also have a friend in the U.S. who has been running a one-person consulting business for decades.
Both of these people operate as their own businesses and negotiate their own contracts. So freelancing does still exist out there.
[1] - https://www.ftb.ca.gov/file/business/industries/worker-class...
I'm not sure what the UK/IE equivalent is but I'd recommend looking into it.
Exceptions were made for very unique skillsets, but unless one is in the range of several K/hr, it is unlikely they'd fall in that bucket.
But as other said, only hiring companies instead of individuals protects you from potential lawsuits around social fraud.
Some places will hire you directly as a contracter, but it will be PAYE or under an umbrella company.
I have gotten all my clients that way.
It works in art/design/film industry.
doing little bits of work for local businesses is essentially the same as mowing lawns over the summer for cash - yes you can make bank doing it if you're smart and diligent, but no it's not really in the same league as working with a professional landscaping outfit.
TLDR be your own third party/middleman
Most companies will want you contracting through a limited company in the UK. The main reason for this is so that the client can sue you if you screw something up. You'll also notice that most companies will ask you have business insurance as well, this again is so that in the event they need to sue you, you're fully covered for it.
The other reason you might need to contract through a limited company or an "umbrella company" these days is because of IR35 regulations. Basically employers can now get screwed by HMRC if they're paying people as contractors who are working in effect as employees. The reason for this regulation is that it's more tax efficient for both you and the client if you work as contractor as you can claim expenses, they don't need to worry about paying you severance / sick pay / etc, and both you and your employer don't need to pay NI contributions on your salary. As you might imagine the government would prefer only the wealthy had access to such privileges so they introduced IR35.
In effect this now means it's too risky for a company to pay an individual for an extended period of time without ensuring things are done correctly. IR35 basically gives companies two options: 1, pay a company for work with no hard requirements on who does the work, the time they do the work, or where they do the work – this is an "outside IR35 contract" and this will require you set up a LLC to contract through. Or 2, pay an umbrella company for the work and that umbrella company will employ you so you can get screwed by the taxman in the same way everyone else does without the benefits of a real employment contract (it's lose, lose) – this is an "inside IR35 contract".
On top of this, companies will often have contracts with recruitment agencies allowing that agency to be the sole recruiter for said company. This means even if they're willing to risk paying you for your services without going through all the IR35 nonsense, they contractually can't because they have agreements in place with recruitment agencies preventing it. I've personally ran into this issue when a client I was contracting for changed their preferred recruitment agency and I was unable to continue contracting with the client without the client first paying off my recruiter due to a non-solicitation clause.
If you want a company to pay you directly (as a self-employed sole trader) you would probably need them to pay you for a product and not for your labour, because if they're paying for labour they need to go through all the regulatory hoops.
Imo there's very little reason to be a contractor in the UK anymore. With all the extra tax headaches, the government constantly finding new ways to screw you and job insecurity, it's honestly not worth it.
The tl;dr is you need to focus on smaller businesses first. There is plenty of opportunity there.
1) Each freelance service is uniquely terrible. Most are winner-take-all, require excessive effort from both clients and contractors to get onboarded, and push skills tests onto people with years of experience. It looks like it all went to upwork.com, which is fine, but a highly-consolidated service like that will always cater to clients first, because they have the money.
2) Freelancing is the antithesis of setting boundaries. Being an army of one is hard. Each client adds perhaps a 10% chance of you getting called with an emergency months or years down the road. For business types who thrive on sales, that creates a wealth of new opportunities. But for maker types who just want to do important work, the feeling of obligation can quickly become overwhelming.
3) Incentives work against both client and contractor. Clients are willing to pay 3-4 times more for some kind of guarantee that their vision will be realized. Contractors are willing to charge 3-4 times less than the going rate to achieve some semblance of autonomy. These are both contrary to what economics teaches. The result is a race to the bottom on price with increasing marginalization of the contractor's time. The client goes broke over multiple attempts while the contractor becomes an irreplaceable.. commodity.
The market is so saturated now that it's hard to see how things could get better. Then again, google was once the dominant search engine that could never be dethroned. So here are some ways to fix the above dysfunctions, respectively:
1) Contractor-first freelancing. Joining dev teams or getting added to existing contracts should be frictionless. Less vetting, more letting track records speak for themselves. Better ways of breaking down projects into smaller, easily completable subtasks.
2) Anonymous by default. Direct lines of contact are opt-in only. Middlemen would be other contractors performing matchmaking duties, never gatekeeping.
3) Freelancers choose clients (opportunistic matchmaking). Rather than appealing to the sensibilities of the client, who is generally nontechnical, contractors would look for work that's most appealing to them. Completing task A results in payment B, period. No more waiting around for negotiation or money to transfer to bank accounts, just get real work done now and get paid immediately.
I've barely scratched the tip of the iceberg here. Personally, most of the paying work I do revolves around fixing other people's mistakes that I would never make. Psychologically, that takes a toll. It trains the mind to see problems rather than solutions, gradually wearing away one's creativity and motivation. To the point where I've had a gaming PC and Unity all set up and ready to go for years now, but when I go to turn it on to make something to earn a little residual income, I get so demoralized that I just turn it off in disgust. Competition has gotten too fierce. Quality of life is suffering as a consequence. Maybe that's just me.
Anyway, most of the really great contracts in my life have come from dumb luck. The first gig with my old partner came from hanging up flyers with tear-off contact info at the bottom around the local college. I worked at an agency I loved for 4 years because of a Craigslist ad. Right now I'm contracting for someone who found me on a local tech Slack for my city. It kinda stinks to be at the whim of serendipity, but truthfully that's the stuff that life is made of. You just gotta put yourself out there and keep a positive attitude and take what comes along. Just don't let yourself get taken advantage of early on like I did. Learn to communicate and set boundaries before getting burned out (exploited).
So the question remains - is there any real freelancing still on? (I'm not talking platforms here - I wouldn't go there for several reasons).
Sorry I just saw that after writing this, but I agree with you, so I'll go ahead and post this to illustrate what some of those reasons are, for me.
In the first case, the client has some workforce deficiency, and, if they're a tech company, they're probably hiring this "middleman" to temporarily scale. Once this happens, they've probably had tons of billable hours extracted from them, get sour, and swear off contractors, or double down because of sunk cost / devil you know. These are complex sales deals, even for experience service business, I'd avoid.
In the second case, it's just an excuse, and I think it falls into a category of similar excuses ("We don't have the time to spec work", "We don't want to work with someone new to freelancing", etc etc) and almost always these people either want an employee, or a someone to boss around, not results. Also best to avoid.
My guess is you're new to qualifying leads, and it's really hard when you start, so keep trying. Chances are you'll be tapping your professional network for leads, or pitching strangers if you happen to get on a call with them via cold email. I wrote a guide, based on my experiences, to closing deals here: https://www.indiehackers.com/post/crush-it-stop-it-profit-th... (sorry for the self-promo). This can work for a while, maybe get your first recurring clients. After a few sales calls for clients, You may realize getting leads to come to you is best, or at minimum people should have a reason to answer your emails like having some kind of branding or marketing, so start writing, coding, tweeting, or whatever regularly to get attention. Keep at it. It's hard work.
You already dislike middlemen, so I don't have to give you spiel. While I don't like it either, people have kickstarted successful freelancing businesses by using them temporarily. My first freelance gig was with a consultancy as a sub-contractor, of course I got fired after two weeks, but it gave me the hunger to find more clients and find my niche to pursue. I'm still freelancing/consulting after two years.
On top of everything, you will fuck up, and that's okay, so give yourself some breathing room financially and mentally.
If you have any questions about freelancing/consulting, I'd be happy to try and answer them.
Btw, I looked into IR35 regulation, and I'm not a lawyer/barrister/esquire and this is not legal advice, but the IR35 regulation people keep talking about in this thread is very similar to the contractor self-employed definition in US/Canada, so i think that is a load of bull shit too. You might have to jump right to fixed rate work then so you do not qualify as "Off-payroll Worker". UK government has a cute little tool for determining this: https://www.tax.service.gov.uk/check-employment-status-for-t...