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Public Sector IR35 - Contracts outside IR35?

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    Public Sector IR35 - Contracts outside IR35?

    Interesting comment in the following article from The Register:

    https://www.theregister.co.uk/2017/0...e_home_office/


    Some 200 contractors have left as a result of the way they handled IR35, said the insider, although a proportion have gone back on new deals that put them outside the regulation.


    I've never worked in the public sector and know PS IR35 has been discussed to death in a number of threads on here, but I am interested to know how people could have gone back on new deals that put them outside the regulation?

    Any thoughts/information about how this would have been achieved?

    #2
    Yep, simples.

    The contractors demonstrated an absence of MOO by refusing further work and just walking.

    They were offered new contract that reflect the reality of the engagement, and Robert's your Dad's brother.

    I wrote something similar about the team that put together the online status tool who walked out en masse, but NLUK seemed to think I didn't know what I'm talking about.
    Last edited by RetSet; 29 April 2017, 16:50. Reason: tpyo

    Comment


      #3
      Originally posted by RetSet View Post
      Yep, simples.

      The contractors demostrated an absence of MOO by refusing further work and just walking.

      They were offered new contract that reflect the reality of the engagement, and Robert's your Dad's brother.

      I wrote something similar about the team that put together the online status tool who walked out en masse, but NLUK seemed to think I didn't know what I'm talking about.
      I wonder why....
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        Originally posted by northernladuk View Post
        I wonder why....
        Because the contracts originally offered didn't reflect the reality of the engagement?

        Comment


          #5
          Given the state of IR35 contracts within the PS I view it as a positive if people are getting the blanket IR35 caught decisions overturned.

          However, it does pose the question that if people are walking out en masse and are subsequently managing to return with different contracts (and/or new deals) and are suddenly outside IR35 again then this will surely be ripe for a challenge from HMRC before too long?

          Comment


            #6
            Originally posted by ShandyDrinker View Post
            Given the state of IR35 contracts within the PS I view it as a positive if people are getting the blanket IR35 caught decisions overturned.

            However, it does pose the question that if people are walking out en masse and are subsequently managing to return with different contracts (and/or new deals) and are suddenly outside IR35 again then this will surely be ripe for a challenge from HMRC before too long?
            No. For the reason I have already given

            Comment


              #7
              Originally posted by RetSet View Post
              Yep, simples.

              The contractors demonstrated an absence of MOO by refusing further work and just walking.

              They were offered new contract that reflect the reality of the engagement, and Robert's your Dad's brother.

              I wrote something similar about the team that put together the online status tool who walked out en masse, but NLUK seemed to think I didn't know what I'm talking about.
              You do know that isn't MOO right?

              You also do know regardless of the type of worker you are that if the company you provide services to or work for unilaterally changes their contract with you, you can down tools - commonly called a strike - or walk away citing breach of contract?
              "You’re just a bad memory who doesn’t know when to go away" JR

              Comment


                #8
                Originally posted by SueEllen View Post
                You do know that isn't MOO right?

                You also do know regardless of the type of worker you are that if the company you provide services to or work for unilaterally changes their contract with you, you can down tools - commonly called a strike - or walk away citing breach of contract?
                Good point well made. I had been operating on the working assumption that the contracts in question would tie in with the financial/ fiscal year end, so it's new contracts/ extensions offered that have been declined.

                Comment


                  #9
                  That's more like it.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    Originally posted by SueEllen View Post
                    You do know that isn't MOO right?

                    You also do know regardless of the type of worker you are that if the company you provide services to or work for unilaterally changes their contract with you, you can down tools - commonly called a strike - or walk away citing breach of contract?
                    No, I don't think he does...
                    His heart is in the right place - shame we can't say the same about his brain...

                    Comment

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