Originally posted by northernladuk
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IPSE/QDos renewal, IR35 insurance seems sketchy
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Originally posted by NibblyPig View PostRule #1 of insurance is never trust anything that isn't written into a contract. Nothing personal. I can praise all the insurance companies I've worked with that I've never claimed from, but 100% of those I have have tried to shaft me over in various ways, often due to the small print. While it is easy to make those claims now, when faced with £50,000 worth of costs any insurance company will try to wriggle out of it, as I have seen so many times.
You get a feel for it when you argue with an insurance company that doesn't want to pay out for someone who "failed to notify them prior to seeking medical attention" after collapsing and being rushed to hospital abroad and having bills over 100,000 euros...
If it covers regardless of contract, why do the free contract reviews?
Without wanting to romanticise it, we actually really like dealing with enquiries. We have a team of consultants who eagerly await their next case, and obviously winning in an enquiry is a positive for everyone.
The assessments are provided because most contractors – for their own peace of mind - like to ensure their contracts are as good as possible from an IR35 perspective. Obviously a good written contract helps in an enquiry, so it’s handy for us too, but has no impact on the policy itself.Qdos Contractor - IR35 expertsComment
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That is somewhat reassuring. The previous IR35 product QDos had required you to have certain clauses in your contract such as a substitution right, those seem to have gone.
Out of interest, the free contract reviews don't appear to include negotiation, is that something you can add on, or do you think that in most cases it's not required as the feedback from the reviews is sufficiently clear that the client can easily amend their contract without panicking and bailing on the whole thing?Unless you're the lead dog, the scenery never changes.
Currently 10+ contracts available in your areaComment
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Originally posted by NibblyPig View PostThat is somewhat reassuring. The previous IR35 product QDos had required you to have certain clauses in your contract such as a substitution right, those seem to have gone.
Originally posted by NibblyPig View PostOut of interest, the free contract reviews don't appear to include negotiation, is that something you can add on, or do you think that in most cases it's not required as the feedback from the reviews is sufficiently clear that the client can easily amend their contract without panicking and bailing on the whole thing?Qdos Contractor - IR35 expertsComment
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Originally posted by Qdos Contractor View PostYears ago we had a more comprehensive risk assessment - which included a contract review - but as we've built up a larger case history we've been able to simplify the process somewhat.
Negotiation is definitely included in the free assessments. Just ask your consultant and they'll be more than happy to deal with the agent directly. The feedback is generally pretty clear in terms of what needs to be done, but it's entirely up to you.
Thinking of cancelling TLC35 and going with IPSE instead who I think would represent me either way.Last edited by squirrel99; 26 February 2016, 11:24.Comment
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Originally posted by squirrel99 View PostI may have misunderstood something, but after speaking to Qdos consultant who has reviewed my contract this morning, I felt that my TLC35 insurance is not going to be valid unless I clearly have a right to substitute (which is included in the contract but I doubt that the end client would accept it in reality).
Thinking of cancelling TLC35 and going with IPSE instead who I think would represent me either way.
Drop me a PM if you'd like to discuss substitution in more depth.Qdos Contractor - IR35 expertsComment
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Originally posted by Qdos Contractor View PostThe TLC is based on your perception of the actual working practices. With issues like substitution you're never going to know the answer definitively, but we're just trying to build a broad overview.
Drop me a PM if you'd like to discuss substitution in more depth.Last edited by squirrel99; 26 February 2016, 16:16.Comment
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Hi, I was looking into QDOS's TLC35 (the more expensive package, which covers the cost of any penalties along with the cost of representation) and hit a quandary: in order to be covered by it you have to agree that
• You are able to exercise a Right of Substitution
• You have autonomy over your method of work and are not subject to the same level of supervision or control as your clients’ employees
Surely if these two points are true, then there's basically no risk of HMRC winning against you to begin with and imposing any penalties?
It seems like there's no real additional cover with this and you're better off just opting for the cheaper "representation only" package. Am I missing something?Comment
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Originally posted by deeter View PostHi, I was looking into QDOS's TLC35 (the more expensive package, which covers the cost of any penalties along with the cost of representation) and hit a quandary: in order to be covered by it you have to agree that
• You are able to exercise a Right of Substitution
• You have autonomy over your method of work and are not subject to the same level of supervision or control as your clients’ employees
Surely if these two points are true, then there's basically no risk of HMRC winning against you to begin with and imposing any penalties?
It seems like there's no real additional cover with this and you're better off just opting for the cheaper "representation only" package. Am I missing something?
For the cost 1-2 days billing per annum, I think it's money well spent. I'm under no illusion that an IR35 investigation is a walk in the park, even if you are covered through QDOS or any other policy.
I think we're going to see an onslaught of activity over the next couple of years, regardless of what the government are currently saying. However, we can only hope HMRC keep losing at tribunals and that someone will eventually question why so much money is being wasted on pursuing fruitless investigations.Comment
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Originally posted by ShandyDrinker View PostFor the cost 1-2 days billing per annum, I think it's money well spent. I'm under no illusion that an IR35 investigation is a walk in the park, even if you are covered through QDOS or any other policy.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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