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  1. #1

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    Default Public or private

    I have a contract with a LTD company. Just been renewed
    the contract is outside IR35.
    The working practises also.
    So all good.

    Found out yesterday that they do FOI requests. My understanding from these hallowed pages is that makes it public sector. So therefore IR35 ain’t my problem anyway.

    True/false/other?
    See You Next Tuesday

  2. #2

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    True. In the sense that the public authority does the assessment and the fee payer (if different) is on the hook if the assessment is wrong. Your contract may try to shift tax and penalties, but that is a separate matter, between YourCo and the fee payer.

    FOI is what's listed in the Act plus companies wholly owned by the crown or public sector or both, IIRC.

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    It kind of isn't but I'd want to know a little about their determination and that they fully understand the situation. Seems odd that you've been working for a client and didn't know it was Public Sector and the legislation that comes with it.

    It might not be your problem but I think being completely oblivious to it isn't the way forward.
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    ICO has published a rough guide of a list that explains to some part of what organisations are covered by FOI (though intelligence services are as always hardly ever mentioned). The question that falls here is the nature of the government's role in Lance's job but unless Lance wants to share more information about the nature of his end client then I would personally be wary but still there is very little to go by other than speculation.

  5. #5

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    Quote Originally Posted by northernladuk View Post
    It kind of isn't but I'd want to know a little about their determination and that they fully understand the situation. Seems odd that you've been working for a client and didn't know it was Public Sector and the legislation that comes with it.

    It might not be your problem but I think being completely oblivious to it isn't the way forward.
    Indeed.
    As fas as I was aware it's private sector so approached it accordingly.
    Apparently HR did the CEST test against me and another contractor (my handler) and it came as outside. For me it was just a case of the usual dilligence and awareness.

    I only found out about the FOI bit the other day when they apparently couldn't find the FOI mailbox. Hence me asking the question.

    It's low risk, or no risk for me though.
    See You Next Tuesday

  6. #6

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    Quote Originally Posted by BlackCountryContractor View Post
    ICO has published a rough guide of a list that explains to some part of what organisations are covered by FOI (though intelligence services are as always hardly ever mentioned). The question that falls here is the nature of the government's role in Lance's job but unless Lance wants to share more information about the nature of his end client then I would personally be wary but still there is very little to go by other than speculation.
    I'm not going to share a huge amount.....
    It's not government though.
    It is a LTD. company. It's purpose is to make money. That's why I though it was private.
    It's owned by an executive non-departmental public body.
    It sounds like a PS body to me now.
    It used to be before it was sold off (to the same owner ).
    See You Next Tuesday

  7. #7

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    If the end client is covered by the FOI, my understanding is that they should have informed you of their assessment before the contract started. It sounds like they did perform CEST but not told you.

    Obviously that is really poor. However, given they say outside, you are right in that there shouldn't be any issue for you. Your additional due diligence checks may have been unnecessary (as it transpires), but it sounds like you have it all covered.

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