More time posting than coding
On paper the consultancy... In practice the trust.
As said... Its just a way they think they can circumvent the off payroll rules.
I have seen it before a few times.
If in practice it was actually like that then yes ir35 is on me till next year but its not.
It's still very much an agent supplied contractors to a trust.
They just think that by doing this way it's all OK. Sent from my LYA-L09 using Contractor UK Forum mobile app
Gotcha. Keep any evidence of the trust doing this. If you get investigated and you can prove the end client was the trust then you’re in the clear.
I’m not surprised this is being tried, but I would be surprised if it was common. Most PS legal departments should realise this is a sham.
See You Next Tuesday
Double Godlike!
"Bodies supplied to a client" are not outside IR35. You're only outside if you are working on a discrete turnkey project that is delivered in its entirety to the end client on completion (and even then you may be considered to be inside wrt the consultancy).
From what you've said to date, you don't qualify.
Blog? What blog...?
This might be of interest...
How Do I Tell My Boss I Don’t Want to Work in the Office? - The New York Times
I was an IPSE Consultative Council Member, until the BoD abolished it. I am not an IPSE Member, since they have no longer have any relevance to me, as an IT Contractor. Read my lips...I recommend QDOS for ALL your Insurance requirements (Contact me for a referral code).
More time posting than coding
As a PM, I am not IT Support. I understand the need for IT support to be onsite to keep things going however as mentioned I am not customer or patient facing so there is no need for me to be onsite,
Point taken
Agreed, if the work itself irequires me to be onsite, which it doesnt. I have asked for a task list/justification of why I need to be onsite for the next month and the director has not provided anything. He prefers his entire department to be onsite. Its an old school mentality of if you I cant see you in the office, I dont know if you are working or not. This, for me then comes under the Control aspect of SDC
Nothing.
We have been in an emergency situation since May, and I have been able to wfh since May effectively as and when needed (usually do 2/3 days onsite and the remainder wfh). This is only a change to say I will be wfh 5 days.
Points taken above, I say breach because of the clause mentioned outlining I wont be under the control of the Hirer, and this sounds very much like control
I have a call booked in today. Will see how it goes.