Staying in the same public sector contract after April 2017

[northernladuk]

This is not correct. If the PS org has made a blanket statement about its contractors then he could have been performing an outside role. Its not black and white as you have stated.

It isn't but he could also not and the only place he'll find out is in court. Not a nice position to be in.

[northernladuk]

Doesn't affect me as I am via an agency and leaving if it's deemed inside. But there's some real drama going on out there folks!

But you've already been told you are inside in your last post. Now that direct ones have been told as well shouldn't you be doing the handover now?

[WelshLad]

It should be for the end client to determine status, not Crapita.

If you're an IPSE member, drop them an email - this is exactly the sort of case they are interested in.

Thanks, just to be clear it was a department at the PS end client that made the blanket decision that all contractors provided via the CL1 framework are inside IR35.

I am an IPSE member and will be emailing them tomorrow to inform them of the situation.

[eek]

Thanks, just to be clear it was a department at the PS end client that made the blanket decision that all contractors provided via the CL1 framework are inside IR35. I

I am an IPSE member and will be emailing them tomorrow to inform them of the situation.

Cl1 is inside based on the guidance changed back in august.

[Andy Hallett]

A director of Capita told me not all CL1 roles were inside. She gave a very specific example of someone at MOJ who had specialist skills and rights of substitution.

[teapot418]

Cl1 is inside based on the guidance changed back in august.

If the OP has substituted, then they should be outside.

[eek]

A director of Capita told me not all CL1 roles were inside. She gave a very specific example of someone at MOJ who had specialist skills and rights of substitution.

Call me cynical but I suspect the bit in bold is the actual important bit there...

[ShandyP]

Devil is in the details and just saying 7 years isn't giving us much. Same role? Same client?



So they are saying your role is inside so they've effectively admitted the role you are doing is inside so you would be an easy target for a tax grab yes. If it's 7 years same client, same WP then that is one hell of a low hanging fruit!! 7 years makes anyone look like a permie even if they have an IR35 tight contract let alone them admitting you are inside. etc. You are on the backfoot proving you aren't.

Will they come after you? Who knows but you know the 7 year history. How much is going to cost you in a worst case. Is it worth just swapping agencies (who will still report the same thing)? Not that you can just swap agencies though, your handcuff won't allow that.

Did you get tax insurance at all? I'd be surprised if you would get it retrospectively now the role is deemed inside.

I think the general advice given would be, as a minimum, change your PS client and agent. Better still get out and go PS. You've left it late with only 2-3 weeks left on the clock.

Thanks for the response. Yes, it's been the same public sector client and the role has changed but the job title has remained the same.

I think I would be allowed to change to a different agency if I requested. I have had contract checked by QDOS and have insurance.

Appreciate that the safest way would be to leave and find a private sector client. I guess no one really understands how the HMRC will react.

[northernladuk]

the role has changed but the job title has remained the same.

.

Don't like the sound of that at all.

[ProcurementQueen]

As my user name suggests, I'm not an IT contractor. I've contracted in the public sector in varioas us roles and organisations via Ltd company for 4 years.

Current role looks likely to be deemed as inside by incompetent HR people who haven't yet run the tool but have stated as I'm backfilling a permanent role while the post holder is on temporary promotion, this automatically means I'm in. Both the framework I'm called off through, and my ltd company contract with the agency have all the relevant RoS clauses etc, but in practice this has never been tested by a user of the framework, to my knowledge.

I'm finishing up on 31st March and as my current PSO has 8 unfilled vacancies for the same role I do, there will be no one else left to do the specialist work.

Anyway, my question for you lovely and knowledgeable people.......do you think it's worth a punt as specialist buyer of amongst other things, ICT contracts, trying to get on to Gcloud or Digital Outcomes? Cuts out the agencies and allows me to deal directly with a PSO? Or is the looming deadline making me clutch at straws?