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babybel
23rd March 2017, 14:45
Slightly complicated chain of people taking their cut from the end client. All reluctant to declare. End client quiet.

Do I keep working presuming no change?
Stop coming in post April 6th until I have something on paper?
Could they wait until May 1st, declare inside, then take April 6th - May invoice & deduct PAYE etc?

LondonManc
23rd March 2017, 14:46
Slightly complicated chain of people taking their cut from the end client. All reluctant to declare. End client quiet.

Do I keep working presuming no change?
Stop coming in post April 6th until I have something on paper?
Could they wait until May 1st, declare inside, then take April 6th - May invoice & deduct PAYE etc?

Potentially it's too late. If you're paid after April 6th, you're in the crosshairs.

northernladuk
23rd March 2017, 14:48
Do you fully understand the risks? What could happen if you are deemed inside and keep working after the 6th? What the tool looks like and what it 'might' determine you as etc?

Have you read these forums carefully to understand your situation regardless of waiting for the chain to tell you?

Manwell Pablo
23rd March 2017, 14:57
I'm starting to get the impression HMRC are going to have a field day next month.

babybel
23rd March 2017, 15:30
I've looked at the tool / read all there is and am confident in my own determination, but it's no longer my opinion that matters. It's someone I haven't met.

The minute they determine inside if they do, I'll leave and challenge from outside. It's a change to my terms and I won't accept it.
I get paid on the 5th. If determined inside I'll leave and not invoice after that date, thus working at risk for the last few weeks & potentially not being able to invoice. I'll accept this as I enjoy the contract and would choose to stay all things being equal. I'm as confident as I can be that I can fight this course of action if I need to.

Surely there are lots of other people in the same situation - still waiting. Do we know what the situation is if a determination doesn't come through?

northernladuk
23rd March 2017, 15:37
How can you fight a decision made by a client that has been made (rightly or wrongly) against guidance, a tool and their appetite to risk? Are you very highly skilled and super niche or are you fairly run of the mill PM/Service/Dev? Unless you are I can't see you changing the whole clients attitude to all this. You've got less than 10 days to do it in as well so not a chance really. If you do leave what are you going to achieve fighting it from the outside?

The best you can do is make it very clear to the client and agent that you will be leaving if considered inside. As you've had no decision you currently plan on leaving on the 5th and then start your handover. You've only got a week left.

babybel
23rd March 2017, 15:49
My understanding is that the client needs not to make a blanket decision and that you can appeal against it.

As it's getting pretty late in the day, it's possible they will do the blanket thing.

I'm niche enough to appeal against it and get heard. They'll change their determination or they won't.

northernladuk
23rd March 2017, 16:11
My understanding is that the client needs not to make a blanket decision and that you can appeal against it.

As it's getting pretty late in the day, it's possible they will do the blanket thing.

I'm niche enough to appeal against it and get heard. They'll change their determination or they won't.

OK. Well go for it but IMO you are far too late.

babybel
23rd March 2017, 16:28
Understood, thanks for the advice. Is there anyone else still waiting on a determination or is everyone else already sorted?

John Lane
23rd March 2017, 17:48
Babybel,
I'm a relatively new contractor, but you maybe underestimating the lengths clients will go to not to make the determination.

All contractors on one framework were initially told that they were inside, then when the 'individual decision/reasonable care bit became evident, were told that all their contracts would end before 5 April and they would only be able to re-contract via an umbrella.