HMRC status tool

[concernedaccountant]

Hi,

I have a client that supplies services to various NHS trusts. I have used the new HMRC tool to assess the position and it states that IR35 does not apply. I have also had advice on the contract as being outwith IR35 - thought everything was good. Some NHS trusts are fine with what has been done so far but 2 trusts are insisting that client is within IR35 on the basis of their own assessment - this appears to revolve round the office holder wording and the trust interpretation of what the worker is doing being equivalent to existing NHS staff. Client has spoken to senior NHS staff but with no luck - any suggestions on how to "persuade" the trusts to accept the HMRC determination backed by the advice on the contract terms?

Thanks in advance
Concerned

[WordIsBond]

I can see two approaches:
1. A written notice that fees are increasing.
2. A written notice that an employment tribunal is going to look askance at them not giving him employment rights / holidays if they are going to declare that he is an office holder or has the same working practices and does the same work as an employee.

The former might get his contract terminated, depending on how much he asks for. The latter almost certainly will get it terminated.

Other approaches might be acquiring compromising pictures of the person using the HMRC tool, etc.

If they are calling him an office holder and he's not, then they need to get someone who actually knows what is going on to use the tool.

If he has multiple clients and most are fine, he could do the inside contracts inside an umbrella and pay his salary and pension contributions through that.

[teapot418]

Definition of an office holder here.

https://www.gov.uk/employment-status/office-holder