Is lack of a genuine right of substitution an automatic IR35 fail?

[cojak]

What, like HMRC?

[Lance]

Wrong! Just finished a year at boe we were all declared outside, on headed notepaper.

All contractors?
Or all the people you spoke to?
Or a different all?

[northernladuk]

Wrong! Just finished a year at boe we were all declared outside, on headed notepaper.

Are you in an SC cleared role?

[Anonimouse]

Sc cleared role, all contractors on project declared outside, probably, 35-40 during the course of the project.

[northernladuk]

Sc cleared role, all contractors on project declared outside, probably, 35-40 during the course of the project.

That's very interesting. If they get back to me I'll ask about that. I did poke them already and got rebuffed with the explanation above so I doubt it will be worth challenging.

[sludgesurfer]

And that knowledge would include the risk of not being insured after the QDOS assessment.

I don't think you meant to contradict this, but worth stating nonetheless:

A fail on the contract by Qdos does not invalidate the insurance providing that you can agree to the application statements for the policy which are based on the working practices and not the contract itself.

[NeverBackToPerm]

I don't think you meant to contradict this, but worth stating nonetheless:

A fail on the contract by Qdos does not invalidate the insurance providing that you can agree to the application statements for the policy which are based on the working practices and not the contract itself.

It was the working practices that failed, the contract passed. I asked them for a separate document containing just the contract review element that didn't have "INSIDE IR35 Due to WP" in big red lettters on the front but they refused!

[jamesbrown]

It was the working practices that failed, the contract passed. I asked them for a separate document containing just the contract review element that didn't have "INSIDE IR35 Due to WP" in big red lettters on the front but they refused!

A good reason to not go w/ the cheap review. TBH, I don't know why they even offer it.

[Blert596]

It was the working practices that failed, the contract passed. I asked them for a separate document containing just the contract review element that didn't have "INSIDE IR35 Due to WP" in big red lettters on the front but they refused!

I have the same response. Green ticks throughout or the odd Neutral on the contract side of it but WP failure.

I'm in the process of drafting a reply as of the 5 red X signs I got at least 2 of them shouldn't be. I misread one and said I had contact with the clients customers (I don't, I actually thought it said clients subcrontactors), and another one where it says I have to have permission for leave to be granted, I've always just informed them that I'm taking leave and that my current forecasted schedule is up to date. So that's 2 ticks gone and the others with explanations and examples should be turned to green hopefully, or at least a N.

I'm unsure how many red Xs on the WP side it takes before they declare you inside. I'll hopefully get it away tomorrow and see where it goes from there.


Hopefully the official ID card issued by the client for entry, which has my picture on it and the words "I am on a contract" help. Compared to the permies "I am employed here" wording.

[northernladuk]

I'm unsure how many red Xs on the WP side it takes before they declare you inside. I'll hopefully get it away tomorrow and see where it goes from there.

I don't believe they declare you inside. Just hightblir the risk that in their expert opinion it's not a water tight outside.