• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Inside IR35?? Does that affect ‘run off’ under PI insurance?

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Inside IR35?? Does that affect ‘run off’ under PI insurance?

    Tesco Bank Contractor Survival Guide: what to do if ‘inside IR35’ looms


    This article is talking about IR35 insurance policies, but I wonder too how the ‘run off’ clauses under contractors’ Professional Indemnity insurance policies will stand up.

    Wherever clients have effetively stated that the contractor has been working under their control all along, in the case of a disastrous error coming to light and causing an issue after the contractor has left, will the insurers pay out under contractors’ PI? I don’t think so.

    The advice to read the small print on all contracts and insurance policies is very appropriate at this time; what you find may give clients something to think about.


    Sent from my iPad using Contractor UK Forum

    #2
    If a client wishes to exert direction and control over a contractor, it surely also has accepted responsibility for decisions and work done.
    To my way of thinking, requiring professional indemnity insurance is incongruous with an inside determination

    My 2 cents

    Comment


      #3
      I agree. As an employee I think this is no longer required (and since so many don’t bother with it now, those of us that currently do have insurance are very much in the minority...).

      I certainly don’t have it today.
      "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
      - Voltaire/Benjamin Franklin/Anne Frank...

      Comment


        #4
        I don't agree.

        You can be inside for many different reasons. Lack of RoS on a secure site for example. It's not all just about control. Even if it is the scope of D&C still allows the contractor to use his PC without someone looking over his shoulder. All the D&C in the world isn't going to stop a contractor dropping a table with sensitive info on it or bringing a whole rack in a data center down opening himself up to a claim.

        I'd have to go read the details of PI but even inside it's possible to open yourself up to some serious issues that only you are responsible for.

        I do agree an employee doesn't need it and even an inside person won't because they will be covered by the Umbrella insurance.

        This looks like one of those linked in posts that connect two different things and just throws a question out there for people to muse over. Clickbait I think they call it.
        Last edited by northernladuk; 16 October 2019, 10:10.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #5
          Originally posted by northernladuk View Post

          This looks like one of those linked in posts that connect two different things and just throws a question out there for people to muse over. Clickbait I think they call it.
          I do believe you're right NLUK.

          And I am not best amused by it.

          The OP does not really add anything to this forum and I am keeping my ere on them.
          "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
          - Voltaire/Benjamin Franklin/Anne Frank...

          Comment


            #6
            Originally posted by cojak View Post
            I do believe you're right NLUK.

            And I am not best amused by it.

            The OP does not really add anything to this forum and I am keeping my ere on them.
            ere! ere!

            Comment


              #7
              Originally posted by cojak View Post
              I do believe you're right NLUK.

              And I am not best amused by it.

              The OP does not really add anything to this forum and I am keeping my ere on them.
              That looks like a worrying precedent.

              Comment


                #8
                Originally posted by Old Greg View Post
                That looks like a worrying precedent.
                Not really. When a company joins with no person attached to it and looking as though they only post infomercials, I always get flinty-eyed...
                "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
                - Voltaire/Benjamin Franklin/Anne Frank...

                Comment


                  #9
                  Originally posted by cojak View Post
                  Not really. When a company joins with no person attached to it and looking as though they only post infomercials, I always get flinty-eyed...
                  True. You need to serve your time posting bollocks, before you start promoting your robust offshore contractor payment vehicles to discerning forum members. .

                  Comment


                    #10
                    This is not click bait it’s the basis for an argument if contractors find themselves being deemed inside.

                    It seems that hirers are issuing IR35 blanket determinations in the same way as almost all public sector bodies have since 2017, and perhaps the link to the underlying storyline wasn’t needed, but everything is linked.

                    Deeming contracts as being outside IR35 is basically an indication that hirers don’t want the responsibility of dealing with IR35 determinations, so be it if that’s going to be their policy, but it could be said that contractors have been working under their control, if that’s not so then that’s something contractors should raise, the insurance issue just puts that into perspective.

                    Whether anyone searches me, Carolyn Walsh or CWC Solutions, hardly matters I think. I have provided free advice for years on another forum and only dip in here occasionally, so there’s no need to think I’m trying to tread on anyone’s toes.

                    Comment

                    Working...
                    X