Staying in the same public sector contract after April 2017

[SueEllen]

Obviously didn't understand what I was getting at....



....do you think it will be on the side of the contractor regardless of sector?

In the private sector while there are a minority of agencies who say take my badly written unclear contract or leave it, the majority are happy if you get it reviewed and clarified to show there is no chance you will be an agency worker let alone employee if you work through a limited company.

[Gaz_M]

In the private sector while there are a minority of agencies who say take my badly written unclear contract or leave it, the majority are happy if you get it reviewed and clarified to show there is no chance you will be an agency worker let alone employee if you work through a limited company.

It's a new online tool, nothing to do with getting a contract reviewed.

We'll either be inside or out, no debate (I'd put my mortgage on the fact that the tool will not be in our favour).


Not too sure how the likes of QDOS will even be able to offer insurance against that either.

[jamesbrown]

I'm personally more interested in what happens to the private sector. Public Sector is obvious.

If by "what happens" you mean whether it will be introduced in the private sector, the following:

The Government has no current plans...

Should be read as:

The Government is currently preparing plans, on which we will consult* in due course.

It's classic HMG doublespeak. It's absolutely coming, the only question is when.



* inform and ignore.

[SueEllen]

It's a new online tool, nothing to do with getting a contract reviewed.

We'll either be inside or out, no debate (I'd put my mortgage on the fact that the tool will not be in our favour).


Not too sure how the likes of QDOS will even be able to offer insurance against that either.

The tool is irrelevant to the private sector until about 2019. By then agencies and clients will have worked out how to get around it.

There are other models agencies can use for placing contractors that differ from the common model used in the UK.

Unlike the public sector private sector clients vary greatly in size and industry. Some of them don't even have a physical presence in the UK.

[jamesbrown]

It's a new online tool, nothing to do with getting a contract reviewed.

We'll either be inside or out, no debate (I'd put my mortgage on the fact that the tool will not be in our favour).


Not too sure how the likes of QDOS will even be able to offer insurance against that either.

The online tool is not compulsory, even in the public sector, and it's simply provided as an FYI for the private sector. For now.

Also, to be clear, when I say, compulsory, I mean legislated. Guidance is another matter but, from the commentary I've read, it won't be mandated.

[Gaz_M]

The tool is irrelevant to the private sector until about 2019. By then agencies and clients will have worked out how to get around it.

There are other models agencies can use for placing contractors that differ from the common model used in the UK.

And that's where we disagree.

[jamesbrown]

And that's where we disagree.

About what, precisely? The changes to ITEPA have the defined scope of public authorities (defined elsewhere in the ITEPA). There are no changes to the relevant section of ITEPA that would require the use of a specific tool, either in the public or private sectors. Obviously, HMG can mandate certain things through the contract chain in the public sector, but not in the private sector.

[SueEllen]

And that's where we disagree.

I guess you never been found by an agency but had the client engage and pay you direct?

This means the contract is between you and the client, leaving it up to the client how they want to engage you. The agent gets a fee for finding you but the particulars of that are none of your business.

[northernladuk]

I'm personally more interested in what happens to the private sector. Public Sector is obvious.

Start a thread on it then. That's not the topic of this one.

[jonnyboy]

Funnily enough, I'm in exactly the same position... hi JB

On the question of how much the rate would need to be marked up to get the same take-home inside v outside, I've done some rough sums based on a £400p/d rate, and it seems to vary between 15% (contract within short commute/WFH) and 45% (long/expensive commute, half-decent hotel/B&B, subsistence). Emphasis on the word "rough" without knowing the ins and outs yet, and of course percentages would vary with the rate.

Anyone think perhaps we might see an increase in the number of WFH contracts available, as clients won't care about bums on seats so much if it's costing them another 30% on day rate?

Bugger. Im 'outed'. :-) Yep, its me (inside joke)