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Are blanket determinations really unlawful?

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    Are blanket determinations really unlawful?

    I've asserted in another place that blanket determinations are unlawful, but I cannot find the specific reference to support that assertion. Can anyone point me in the right direction for that supporting evidence?
    Thanks.
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    Former member of IPSE.


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    Many a mickle makes a muckle.

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    #2
    Role-based blanket IR35 assessments are unlawful and highly risky

    Comment


      #3
      From what I read, there aren't that many ClientCos that make actual blanket determination. Most of the big names are simply stating they are not going to engage with ltd. contractors - only Umbrella, which is in their right.

      Comment


        #4
        Thanks. I'd already referenced that article in my other discussion. Appreciated.
        ---

        Former member of IPSE.


        ---
        Many a mickle makes a muckle.

        ---

        Comment


          #5
          To me, unlawful is akin to illegal. Wherein you could sue a company for making a blanket determination by assessing all BAs, for example, as being inside. However, if the company could prove that the role of a BA doesn't materially change and it's just the project that changes, then surely that's acceptable.

          It's not great, but I would challenge that a well considered blanket determination is lawful, no matter what Chaplin says.

          Comment


            #6
            Originally posted by ladymuck View Post
            To me, unlawful is akin to illegal. Wherein you could sue a company for making a blanket determination by assessing all BAs, for example, as being inside. However, if the company could prove that the role of a BA doesn't materially change and it's just the project that changes, then surely that's acceptable.

            It's not great, but I would challenge that a well considered blanket determination is lawful, no matter what Chaplin says.
            Agreed; as would I. It all comes down to the nuance of the case in play... but I'll be playing up the "illegality" for the time being.
            ---

            Former member of IPSE.


            ---
            Many a mickle makes a muckle.

            ---

            Comment


              #7
              Originally posted by sal View Post
              From what I read, there aren't that many ClientCos that make actual blanket determination. Most of the big names are simply stating they are not going to engage with ltd. contractors - only Umbrella, which is in their right.
              That to me is the easiest way around the ambiguity in the documents HMRC have issued to date. It's then policy and not a determination. I suspect the legislation was written that way to encourage this behaviour.

              Comment


                #8
                Originally posted by ladymuck View Post
                That to me is the easiest way around the ambiguity in the documents HMRC have issued to date. It's then policy and not a determination. I suspect the legislation was written that way to encourage this behaviour.
                Agreed. And I have been saying as much for years. One of my many disappointments with IPSE was that they disregarded this view almost entirely IMHO.
                ---

                Former member of IPSE.


                ---
                Many a mickle makes a muckle.

                ---

                Comment


                  #9
                  The draft legislation requires “reasonable care” in formulating an SDS. This is a legal concept and a blanket determination would likely fail unless all contractors at that ClientCo were clones. Absent reasonable care, the client becomes the Fee Payer.

                  Comment


                    #10
                    Originally posted by ladymuck View Post
                    To me, unlawful is akin to illegal. Wherein you could sue a company for making a blanket determination by assessing all BAs, for example, as being inside. However, if the company could prove that the role of a BA doesn't materially change and it's just the project that changes, then surely that's acceptable.

                    It's not great, but I would challenge that a well considered blanket determination is lawful, no matter what Chaplin says.
                    Nope.


                    Illegal means that it is forbidden by a law that has been passed.
                    Unlawful means that it is not authorised by law because no such law has been passed.

                    IANAL
                    See You Next Tuesday

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