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SJD passes contract on IR35 QDOS fail

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    SJD passes contract on IR35 QDOS fail

    As you may know SJD accountants now also offer IR35 contract reviewing services for free if you're a customer with them. I recently sent my contract to both SJD and QDOS for a review.
    SJD came back with a pass, QDOS came back with a fail. And notably it failed on some clauses that had phrases in it, which looked like they were taken straight from the IPSE template. Which makes me wonder has anybody ever had the IPSE template reviewed by QDOS?

    #2
    Originally posted by Eirikur View Post
    As you may know SJD accountants now also offer IR35 contract reviewing services for free if you're a customer with them. I recently sent my contract to both SJD and QDOS for a review.
    SJD came back with a pass, QDOS came back with a fail. And notably it failed on some clauses that had phrases in it, which looked like they were taken straight from the IPSE template. Which makes me wonder has anybody ever had the IPSE template reviewed by QDOS?
    I have come to learn you get what you pay for in life, I used to use the QDOS free service that came with the insurance products, but recently used the Abbey Tax paid (and paid handsomely for the 24 hours turn round) and was very very very impressed, not just the turn around (5 or so hours) but what I actually got back in terms of detailing the contract v the working practices questionnaire (which QDOS never ask for).

    IR35 is a ****, and can cost you thousands of pounds if someone screws up, do you really want to leave this to chance a free service for the sake of a day's billing?
    Originally posted by Stevie Wonder Boy
    I can't see any way to do it can you please advise?

    I want my account deleted and all of my information removed, I want to invoke my right to be forgotten.

    Comment


      #3
      Originally posted by Eirikur View Post
      As you may know SJD accountants now also offer IR35 contract reviewing services for free if you're a customer with them. I recently sent my contract to both SJD and QDOS for a review.
      SJD came back with a pass, QDOS came back with a fail. And notably it failed on some clauses that had phrases in it, which looked like they were taken straight from the IPSE template. Which makes me wonder has anybody ever had the IPSE template reviewed by QDOS?
      Thank you for the laugh of the day...

      I assume you are not aware that the IPSE contracts were drafted by Lawspeed and Roger Sinclair and if they reflect the reality of the engagement are as outside IR35 as you can get.
      Blog? What blog...?

      Comment


        #4
        Originally posted by malvolio View Post
        Thank you for the laugh of the day...

        I assume you are not aware that the IPSE contracts were drafted by Lawspeed and Roger Sinclair and if they reflect the reality of the engagement are as outside IR35 as you can get.

        Hmmm...my contract was drafted by lawspeed, and I still sent it to qdos for the 24 hour review. Cost a packet, but did the questionnaire and got a super detailed response and passed. They did however mention about 6 changes that could be made to make it more tight.

        Namely the no price period thing (contractor cannot give notice)

        Comment


          #5
          Originally posted by Eirikur View Post
          As you may know SJD accountants now also offer IR35 contract reviewing services for free if you're a customer with them. I recently sent my contract to both SJD and QDOS for a review.
          SJD came back with a pass, QDOS came back with a fail. And notably it failed on some clauses that had phrases in it, which looked like they were taken straight from the IPSE template. Which makes me wonder has anybody ever had the IPSE template reviewed by QDOS?
          I'd have to see what the clauses and wording are before commenting really. Are they pretty obvious statements or are they grey areas that could be taken either way by different parties?
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Originally posted by blossom View Post
            Hmmm...my contract was drafted by lawspeed, and I still sent it to qdos for the 24 hour review. Cost a packet, but did the questionnaire and got a super detailed response and passed. They did however mention about 6 changes that could be made to make it more tight.

            Namely the no price period thing (contractor cannot give notice)
            Well there you go. There is a strong argument that no notice is a good anti-IR35 pointer since you cannot legally give such a clause to an employee. It also sets an expectation that you are there to deliver a package of work, not a time bound period of service.

            The IPSE contracts were designed not to need review, since they effectively define the ideal position. All QDOS (and others) are doing is ensuring your working practices and the agreed contract (not the draft, since that is incomplete) are properly aligned. Clearly if the working conditions then include something that puts you inside IR35, then the contract will fail, but that's not the contract's fault.

            Also, for completeness, I have seen several cases where one set of accepted experts disagree with another set on the IR35 status of given contracts. It is only an opinion at the end of the day, the final call rests with the contractor.
            Blog? What blog...?

            Comment


              #7
              Originally posted by malvolio View Post
              Well there you go. There is a strong argument that no notice is a good anti-IR35 pointer since you cannot legally give such a clause to an employee. It also sets an expectation that you are there to deliver a package of work, not a time bound period of service.

              The IPSE contracts were designed not to need review, since they effectively define the ideal position. All QDOS (and others) are doing is ensuring your working practices and the agreed contract (not the draft, since that is incomplete) are properly aligned. Clearly if the working conditions then include something that puts you inside IR35, then the contract will fail, but that's not the contract's fault.

              Also, for completeness, I have seen several cases where one set of accepted experts disagree with another set on the IR35 status of given contracts. It is only an opinion at the end of the day, the final call rests with the contractor.
              Actually they told me to remove the no notice period clause.

              Comment


                #8
                I had a run in recently with one of the newer names at QDos who failed my contract for an IR35 review when another person at QDos had passed the template before.

                I sent both contracts to a third person at QDos and they passed it after I made the point that I could not reasonably take their previous passes to be current passes.

                Make of that what you will.

                Comment


                  #9
                  Originally posted by 7specialgems View Post
                  I had a run in recently with one of the newer names at QDos who failed my contract for an IR35 review when another person at QDos had passed the template before.

                  I sent both contracts to a third person at QDos and they passed it after I made the point that I could not reasonably take their previous passes to be current passes.

                  Make of that what you will.
                  Yep - different experts have different opinions.
                  "You’re just a bad memory who doesn’t know when to go away" JR

                  Comment


                    #10
                    Originally posted by SueEllen View Post
                    Yep - different experts have different opinions.
                    Which, in my opinion is exactly why people need to know the intricacies of the legislation to be able to make an informed decision yourself and not play clueless contract pinball. Odd, with recent threads going on, that people still seem to think not.
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

                    Comment

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