Agreed inside IR35 but not signed yet

[BigDataPro]

Sounds silly but just wanted to ask anyway.

I agreed (Didn't sign anything yet) an Inside IR35 role direct with the client (private) and undergoing security checks. Good news (IR35 delay) came at the right time.

Spoke to HR who said that things have changed a lot since the delay announcement but will be sending me the contract after the successful outcome of the checks.

Now that the client no longer decides the IR35 status, Do I have to ask them to clearly mention the IR35 status in the contract? As they are private and as I am the one determines the status, is it even required?

[WTFH]

Sounds silly but just wanted to ask anyway.

I agreed (Didn't sign anything yet) an Inside IR35 role direct with the client (private) and undergoing security checks. Good news (IR35 delay) came at the right time.

Spoke to HR who said that things have changed a lot since the delay announcement but will be sending me the contract after the successful outcome of the checks.

Now that the client no longer decides the IR35 status, Do I have to ask them to clearly mention the IR35 status in the contract? As they are private and as I am the one determines the status, is it even required?

Is it a new client or an extension at an existing one?

[BigDataPro]

Is it a new client or an extension at an existing one?

Completely a new client. Never provided services to them in the past.

[northernladuk]

Sounds silly but just wanted to ask anyway.

I agreed (Didn't sign anything yet) an Inside IR35 role direct with the client (private) and undergoing security checks. Good news (IR35 delay) came at the right time.

Not really.

Spoke to HR who said that things have changed a lot since the delay announcement but will be sending me the contract after the successful outcome of the checks.

Now that the client no longer decides the IR35 status, Do I have to ask them to clearly mention the IR35 status in the contract? As they are private and as I am the one determines the status, is it even required?

No. It's your problem now, not theirs. The way it's always been. They give you a contract and you should self determine as you see fit based on the evidence you've seen. Bearing in mind that evidence is an inside role then you've only one choice for your determination. Nice and easy.

[BigDataPro]

Not really.


No. It's your problem now, not theirs. The way it's always been. They give you a contract and you should self determine as you see fit based on the evidence you've seen. Bearing in mind that evidence is an inside role then you've only one choice for your determination. Nice and easy.

Awesome. Thanks.

[northernladuk]

Awesome. Thanks.

Just seen one of your previous posts..

Phew, I was just about to sign an inside role. I hope verbal agreement doesn't count :-)

Do we have a term to handle those 'tractors' who went perm recently?

You do realise nothing has changed for you. Who makes the determination has changed. The actual result of the determination hasn't.

[BigDataPro]

Just seen one of your previous posts..

You do realise nothing has changed for you. Who makes the determination has changed. The actual result of the determination hasn't.

Yes, understood. I have that in mind. But I would like to think that, client did what is best for them / suited their convenience not necessarily based on the actual working practices. It's only a short term contract anyway.

[northernladuk]

Yes, understood. I have that in mind. But I would like to think that, client did what is best for them / suited their convenience not necessarily based on the actual working practices. It's only a short term contract anyway.

That's what the guy said the other day and now has 3 years of potential penalties when he was put inside.

Dunno what you are going to do if the contract stipulates needing insurance. You are going to have to lie to get the insurance to get the contract.........

[Guesstimator]

The actual result of the determination hasn't.

I'm not sure that's necessarily true...lets face it, not a single* client has had the right people making the determinations; they've all* been done by HR/accounts drones who, as the OP points out, are simply not going to risk getting a determination against them or their company and they sure as tulip wouldn't be the ones to be pulled up in front of an IR35 investigation to represent the client's POV.

Depending on my level of confidence on the working practices, I'd take those chances.

*-standard hyperbolic internet argument parameter..could be lower could be higher...kind of...

[BigDataPro]

I'm not sure that's necessarily true...lets face it, not a single* client has had the right people making the determinations; they've all* been done by HR/accounts drones who, as the OP points out, are simply not going to risk getting a determination against them or their company and they sure as tulip wouldn't be the ones to be pulled up in front of an IR35 investigation to represent the client's POV.

Depending on my level of confidence on the working practices, I'd take those chances.

*-standard hyperbolic internet argument parameter..could be lower could be higher...kind of...

Spot on!