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Gordonctr
24th February 2017, 12:39
Hi,

I work for a private sector client in the north that is 100% funded by the government due to a govt bailout several years ago. The client I work for is the private company that manages the book. There are a number of contractors working on site, and the contractor agency is saying that we do not fall under IR35 legislation, but I'm not convinced.

The client accepts FoI requests, which makes me think it falls under IR35 investigation as the rule I've read is if they accept FoI they need to do the IR35 check.

Who is right? The agency has given no detail as to why I'm exempt.

I can resign in one week if I need to (March 24th latest).

MrMarkyMark
24th February 2017, 12:41
Hi,

I work for a private sector client in the north that is 100% funded by the government due to a govt bailout several years ago. The client I work for is the private company that manages the book. There are a number of contractors working on site, and the contractor agency is saying that we do not fall under IR35 legislation, but I'm not convinced.

The client accepts FoI requests, which makes me think it falls under IR35 investigation as the rule I've read is if they accept FoI they need to do the IR35 check.

Who is right? The agency has given no detail as to why I'm exempt.

I can resign in one week if I need to (March 24th latest).

Your thoughts regarding FoI requests are correct, they will fall under the scope.

eek
24th February 2017, 12:44
Hi,

I work for a private sector client in the north that is 100% funded by the government due to a govt bailout several years ago. The client I work for is the private company that manages the book. There are a number of contractors working on site, and the contractor agency is saying that we do not fall under IR35 legislation, but I'm not convinced.

The client accepts FoI requests, which makes me think it falls under IR35 investigation as the rule I've read is if they accept FoI they need to do the IR35 check.

Who is right? The agency has given no detail as to why I'm exempt.

I can resign in one week if I need to (March 24th latest).

Client acceps FoI requests which means it falls within scope of the legislation so personally I think your agency is wrong on that point.

The question then becomes does the client think you fall inside or outside the legislation. As it seems your agency won't ask them I would trying to find someone within your client who can answer that question...

Finally you may be on 1 weeks notice but you need all payments to be received by April 5th. You may need to resign on March 17th to ensure your payment arrives on time.

cojak
24th February 2017, 13:37
If they are subject to the FOI act then they are in.