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Direct approach

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    Direct approach

    Not in possession of full details yet, but just been approached by someone I contracted with some years ago with an offer of some work...initial 3 months, fully remote, & deemed (by them) as Outside...until April when he thinks they might need to review status at that point. This latter bit raises alarm bells, sadly, as (if they were to then deem the role Inside) it could suggest the role is already Inside? Any thoughts on this?

    His organisation are providing services to a government organisation, & I'll be contracted to his organisation, not the government one.

    I'm going to steer them down the SOW route & make reference to SDC in order to see what level of IR35 understanding they might currently have. Rationale being that if SOW & no SDC continues post-April, then any suggestion of moving the role Inside would not make sense.

    Anything else I should be doing to safeguard any potential role move to Inside?
    Last edited by SteelyDan; 17 December 2020, 10:36.
    Clarity is everything

    #2
    What do they think will change around the terms and working practises that will affect the status?

    If they say nothing will change, then ask why they need to review in April. All they'll need to do is document their decision in a SDS with clear reasoning.

    Comment


      #3
      Originally posted by ladymuck View Post
      What do they think will change around the terms and working practises that will affect the status?

      If they say nothing will change, then ask why they need to review in April. All they'll need to do is document their decision in a SDS with clear reasoning.

      Yes, I agree, & that's where I'm planning on taking the conversation. They did say 'might', so could just be diligence on their part.
      I just smell fear & poor understanding...& blanketing, which would be a shame. Hopefully things will be clearer post-further discussion.
      Thanks for your comment.
      Clarity is everything

      Comment


        #4
        ask them why they want to wait till April to make a determination.
        That's a bit late IMO. They need to have decided prior to April 5th.
        See You Next Tuesday

        Comment


          #5
          Originally posted by Lance View Post
          ask them why they want to wait till April to make a determination.
          That's a bit late IMO. They need to have decided prior to April 5th.
          Well, yes, I interpreted that as review for April rather than in

          Comment


            #6
            If you are looking for work and the contract suits then take the 3 months and see what happens in April. It's not exactly a huge IR35 risk money wise if they then deem you inside.

            Comment


              #7
              Originally posted by Lance View Post
              ask them why they want to wait till April to make a determination.
              That's a bit late IMO. They need to have decided prior to April 5th.
              Yep I'll clarify with their HR guy.
              Initial conversation was with a previous colleague who has the clout to get me on board, but maybe has limited knowledge wrt IR35, so I think the mention of 'April' might just relate to any possible continuation beyond the initial 3 months, (which would be end of March).
              Clarity is everything

              Comment


                #8
                Originally posted by SteelyDan View Post
                Yep I'll clarify with their HR guy.
                Initial conversation was with a previous colleague who has the clout to get me on board, but maybe has limited knowledge wrt IR35, so I think the mention of 'April' might just relate to any possible continuation beyond the initial 3 months, (which would be end of March).
                For what it's worth.
                For my public sector outside determinations it was always purchasing that made it so not HR.
                See You Next Tuesday

                Comment


                  #9
                  Originally posted by SteelyDan View Post
                  Anything else I should be doing to safeguard any potential role move to Inside?
                  Take me on retainer as a personal IR35 consultant. Send me your email and I'll send you a fixed cost, my SoW and payment milestones.

                  HTH

                  BIDI
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    Originally posted by northernladuk View Post
                    Take me on retainer as a personal IR35 consultant. Send me your email and I'll send you a fixed cost, my SoW and payment milestones.

                    HTH

                    BIDI
                    Yeah OK grumpy.
                    Clarity is everything

                    Comment

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