View Full Version : Working for Private Company via an Agency who provide services to Public Sector

23rd February 2017, 18:52
Good Evening
Can anyone clarify if my current contract will be affected by the new public sector rules.

Basically the setup is as follows.

My Ltd Company - Agency Ltd Company - Large Private Company - Public Sector Client

My contract only mentions the agency and the private company. The private company I work for however provides services for a government department.

I received an email recently from my agency saying that they cannot clarify if we are in or out however they have offered to pay all backdated invoices before the beginning of April to ensure that we can walk with all monies paid before the end of contract.
They have kindly offered to do this with an admin charge of over 3% of monies paid.. Nice.

So does anyone have any views on whether I am likely to be affected. Judging my the agencies email it sounds like there is a possibility.
I thought this contract was with a Private company as the end client this wouldn't fall under these new rules.

Anyone else work in this way with a public sector end client or have a solid decision yet?

23rd February 2017, 19:08
The answer is the third answer in the FAQ at http://forums.contractoruk.com/public-sector-ir35/118956-whats-changed.html

To be honest we can't answer that question for you. It depends on what work you do, how you work, how the consultancy /private company works, who manages the work and finally the mood of the department you work in

23rd February 2017, 19:21
Large company wouldn't be Capita would it?

23rd February 2017, 19:45
finally the mood of the department you work in

Yes, and perhaps most importantly.

Anyway, the further away you are from the PSB in your day-to-day work (e.g. you don't work onsite at the PSB, your deliverables are agreed with your client and not with someone at the PSB etc.), the more likely that your client is delivering a public function, rather than bodies, in which case you may be fine, but see above.

24th February 2017, 08:55
It may also be worth noting that what the PSB has "ordered" from the private sector client may have a bearing on this. If the PSB has requested that the private sector client complete an area of work and the private sector client is then free to recruit as they please to fill that order then it would appear that your engagement is genuinely with the private sector client.

Conversely, if the PSB has requested that the private sector client provide labour resources only then it may be that your actual engagement is with the PSB and all the fun that is associated will need to be negotiated.