• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

'Outside IR35' Public Sector contract offered but can I rely on it?

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    #21
    Originally posted by cojak View Post
    Let's be honest here.

    As everyone here says, the onus is on the agency and client.

    It sounds like the ONLY reason it's outside IR35 is to get contractors like you to sign up in the first place.

    If the agency was confident that it was outside, they wouldn't have put in that clause in the first place.

    I think that we will be seeing more contracts like this in the future next year will be seeing those contractors (those who are still in them) coming here complaining that they've been bitten on the bum by said contract.

    (PS - I'm with Lance on this one - I reckon they'll terminate your contract in March and will try to make you sign a new non-Ltd/umbrella contract.)
    What I meant was that if it was to change that’s how they do it.

    I don’t think it will change as it’s public sector so they have already made the determination (April 2018 or was it 17?)
    See You Next Tuesday

    Comment


      #22
      Originally posted by cojak View Post
      Let's be honest here.

      As everyone here says, the onus is on the agency and client.

      It sounds like the ONLY reason it's outside IR35 is to get contractors like you to sign up in the first place.

      If the agency was confident that it was outside, they wouldn't have put in that clause in the first place.

      I think that we will be seeing more contracts like this in the future next year will be seeing those contractors (those who are still in them) coming here complaining that they've been bitten on the bum by said contract.

      (PS - I'm with Lance on this one - I reckon they'll terminate your contract in March and will try to make you sign a new non-Ltd/umbrella contract.)
      Agencies will add that type of clause in as
      1) it's the typical kneejerk response you get when the end client has a contract that explicitly passes the responsibility back to the agency
      2) they've been told that they need it to cover a particular scenario (where the behavior of the contractor makes the role inside IR35)

      The fact it wouldn't stand up in court isn't something they've thought about as it's never occurred yet. See also the very different viewpoints regarding agency regulation opt outs that Andy Hallett has compared to other posters here.
      merely at clientco for the entertainment

      Comment

      Working...
      X