QDos TLC35 product - do I invalidate it by not getting a CoWA document at each gig?

[7specialgems]

I've had the TLC35 product for many years and it is renewal time.

I have noticed that we are now asked if our circumstances have changed in the last 12 months before proceeding to renew.

On this occassion, my circumstances have changed several times. I'm in a different gig to the one I was in when I last renewed, and I've had a couple in between - and I want to be covered for all of them going back as many years as the excess that I select will cover.

Harking back to the dim and distant past, I seem to remember that I had to complete a working practices questionnaire in order to be accepted onto the scheme.

But obviously that was then, and this is now - several contracts later.

I've read the blurb on the QDos website but can't see any mention of needing to go through those hoops in order to be first accepted onto the product in any of the policy wording, key facts documents, the schedule,etc, so that leaves me confused.

So I have a few questions for QDos (I am posting here as I know that Seb is very responsive and I'm mindful that his help is in the interest of the rest of the board).

1. One of the 'my circumstances have changed' questions is (paraphrasing) "You might have a RoS clause in your contract and your contract may pass an IR35 review but do you have this in practice?" Does this imply that I will require a CoWA document for each and every engagement, present and past, which confirms a RoS in order for me to be represented for enquiries into those engagements on a gig by gig basis?

2. There seems to be a Working Practices Questionnaire product on offer for £30, I seem to remember needing one of these before first signing up to TLC35, will I need to do this again for my current gig? Does a CoWA letter trump a Working Practices questionnaire and render it needless? (I am guessing yes?)

I am erring towards renewing my TLC35 product, but since going back to old clients to retrospectively obtain CoWA letters to prove that there was a genuine RoS and actually getting a reply from them is unrealistic, it seems that there is a risk that I could renew a product and not be genuinely covered for some of my engagemnets because it escaped me that I would need to achieve more than an IR35 'pass' review for it to remain valid from contract to contract.

Cheers

[northernladuk]

I don't remember being asked any of that. I thought I got a mail saying it was ending, rang them, paid and off I went. Could be wrong though.

[Qdos Contractor]

Hi both

Answers to questions below:

1. One of the 'my circumstances have changed' questions is (paraphrasing) "You might have a RoS clause in your contract and your contract may pass an IR35 review but do you have this in practice?" Does this imply that I will require a CoWA document for each and every engagement, present and past, which confirms a RoS in order for me to be represented for enquiries into those engagements on a gig by gig basis?
No, we are just asking whether, to the best of your knowledge, you would be able to send a substitute in reality. Obviously substitution is probably the biggest unknown quantity with IR35, but the statement allows us to pick up anyone who categorically knows they don't have a RoS.

2. There seems to be a Working Practices Questionnaire product on offer for £30, I seem to remember needing one of these before first signing up to TLC35, will I need to do this again for my current gig? Does a CoWA letter trump a Working Practices questionnaire and render it needless? (I am guessing yes?)
You don't need to complete a working practices review or a CoWA for the TLC35 insurance. Years ago we did require a contract & working practices review, but as our own history of handling enquiries has increased we've been able to relax the risk assessment process.

A CoWA would indeed be highly beneficial in terms of your actual defence, but we understand it's often difficult to get them signed (particularly retrospectively).

Any further queries give me a shout.

Seb

[7specialgems]

Hi both

Any further queries give me a shout.

Seb

It has been a couple of years and I have been in touch today to check that the position hasn't changed/that there isn't some mandatory requirement for third parties to conduct an IR35 review of contracts as a pre-requisite for the policy to provide over.

The response was concerning:

Hello, thanks for visiting. Can we help you in any way?

-- I have a question about the TLC35 insurance product

Good Morning, thank you for your message.How can I help you?

-- Hi, I have a question about the TLC35 insurance product.

The product states that contracts must have clauses for the Right of Substitution and for Control.

Is it mandatory that contracts are reviewed by a third party to establish this?

Please be aware that our ability to offer cover is based on your agreement to the application statements, not your written contract as contracts are written for thousands of different contractors and they are not always reflective of each individuals working arrangements.We are asking about the way your company operates.

In the event you were unable to complete the services, would your end client allow you to provide a substitute personnel?

-- I have had several contracts over the years and although my contract terms have always included a clause for substitution, I have not asked the end Client directly about this. So on paper, yes, but in practice, I don't know

As confirmed above, our ability to offer cover is based on your agreement to the application statements, not your written contract.

If you have a clause within your contract but are not sure if this is something that exists in reality you can get confirmation from your end client (this has to be asked directly to the client, not agency). As in the event of an IR35 enquiry this is what HMRC will do, they will look to confirm your working arrangements with your end client directly, whilst they will look at the contract this will not be their main focus.

-- OK. Therefore it is it important to ensure that Confirmation of Working arrangements documents are obtained from each client in order to be sure that the TLC35 would provide cover in the event of a claim?

We ask you a set of statement, if you can agree to those, you can go ahead with the policy
statements *

If you hold TLC, you would have agreed to those statements and said that you can agree to those in reality

-- ok, thanks. It sound like at the time of application, I will have needed to have discussed with my current client directly to be sure. And that in each subsequent contract I would have needed to asked the the client in order to be sure with them also

Brilliant, can I help with anything else?

-- No that's all, thank you

Thank you for your time, bye for now

So it looks like I may have been paying for years for the cover and in the event I have to use it, I might not be covered, because my Right of Substitution clause may have been fettered and I didn't know, and I'll find out the hard way if I am unlucky enough to be picked up for an inspection?

At the time of application I answered the questions "to the best of my knowledge" and the best of my knowledge was to take the contract clauses at face value. I suppose that makes the product accessible, but this latest discussion seems to suggest that the best of my knowledge must have included me knowing first-hand by discussing with the client (and continuing to discuss with the client to know I am covered for each new gig going forward)? Historically this has occasionally proven difficult with my immediate client contacts considering themselves unauthorised to make a judgment and higher management within the Client being unwilling to provide a response, and on one occasion I can think of, the Client actually refused to answer my questions/complete a CoWA because they were adament that it was a contract ammendment.

[substitute]

Hi 7, did you find an answer to your RoS question with QDOS. I'm just about to buy TLC35 but am stumbling at same place as you. I've worked for a fair number of banks and can't think of anyone who has actually substituted. Finding someone technically qualified is not the issue; the problems are (1) obtaing application credentials, org and project knowledge. Combined they mean any individual will take days to become productive - for the end client the payback's not worth it for anything shorter than a month (2) anyone who fit the bill is likely to want to contract direct rather than as a substitute - on at least a 3 month basis (3) the organisational distance between your local managment chain and someone who could make an RoS decision is usally huge.
Interested to know what you eventually did.

[northernladuk]

Why not get QDOS to check the contract..if they say its a pass then you're golden.

[BrilloPad]

Hi 7, did you find an answer to your RoS question with QDOS. I'm just about to buy TLC35 but am stumbling at same place as you. I've worked for a fair number of banks and can't think of anyone who has actually substituted. Finding someone technically qualified is not the issue; the problems are (1) obtaing application credentials, org and project knowledge. Combined they mean any individual will take days to become productive - for the end client the payback's not worth it for anything shorter than a month (2) anyone who fit the bill is likely to want to contract direct rather than as a substitute - on at least a 3 month basis (3) the organisational distance between your local managment chain and someone who could make an RoS decision is usally huge.
Interested to know what you eventually did.

Did this help - https://www.contractoruk.com/forums/...ml#post2231546

[Eirikur]

Why don't you ask QDOS in stead of a bunch of random people on the internet

[BrilloPad]

Why don't you ask QDOS in stead of a bunch of random people on the internet

Indeed. SEb and the rest of QDOS are very approachable.

[ContractorBanking]

Curious to know, has TLC35 ever paid out?

If so, how many claims and total payout?