Public Sector or Not?

[teapot418]

For the purposes of the IR35 'reforms', public sector is defined as bodies who are subject to the FOI act, so RBS is out of scope.

[psychocandy]

Hi All

Is there a list somewhere to identify which organisation falls under public sector?

The reason for the question is I have been put forward by the agent to couple of organisation for new role. The agent did mention that it's not public sector but I don't want to take his word at face value.

Pls can someone guide me to the right place...

Thanks

Be careful believing agents. I've had a few now who've told me clients and I've said "thats public sector isn't it?" and every time they've said no we dont think it is.

Upon checking each time they were on list.

Either agents are stupid or, more likely, they've been told not to mention the PS issue, or work around it, because they KNOW it will put people off.

[SlipTheJab]

Be careful believing agents. I've had a few now who've told me clients and I've said "thats public sector isn't it?" and every time they've said no we dont think it is.

Upon checking each time they were on list.

Either agents are stupid or, more likely, they've been told not to mention the PS issue, or work around it, because they KNOW it will put people off.

+1 The few roles I've discussed with agents when I queried it they responded with their roles are exempt from the new PS rules, blatant lies

[b0redom]

Well, my understanding is that it's down to the agent to bear the responsibility. If they definitively say that, "No it's outside." it's their problem to sort out if it is.

I wouldn't want to be the test case though, or having to fight them suddenly holding back huge chunks of cash in lieu of back tax in court.

[Lance]

Well, my understanding is that it's down to the agent to bear the responsibility. If they definitively say that, "No it's outside." it's their problem to sort out if it is.

I wouldn't want to be the test case though, or having to fight them suddenly holding back huge chunks of cash in lieu of back tax in court.

That's proper head in the sand thinking that is.
If the agent gets it wrong they have also got a lot of tulip to deal with and it's still gonna be your income that takes the hit.

[b0redom]

... which is why I qualified it.

[Lance]

... which is why I qualified it.

you won't be a test case either.
If you're deemed inside (by the client) after April the agency will withhold the deemed tax (they will be legally obliged).
Unless you've got serious pots of cash you're not going to be able to make it a test case.
You can take it to court if you wish but IMO you'll be wasting your own time and money.

[SlipTheJab]

you won't be a test case either.
If you're deemed inside (by the client) after April the agency will withhold the deemed tax (they will be legally obliged).
Unless you've got serious pots of cash you're not going to be able to make it a test case.
You can take it to court if you wish but IMO you'll be wasting your own time and money.

Yep. It's obvious they are just saying this to catch out the unwary contractor with the knowledge that once they have you signed up post April you will most likely accept your lot and carry on under PAYE/Brolly, I imagine they are desperate to fill these roles before more contractors become aware of whats going to happen.

[Lance]

Yep. It's obvious they are just saying this to catch out the unwary contractor with the knowledge that once they have you signed up post April you will most likely accept your lot and carry on under PAYE/Brolly, I imagine they are desperate to fill these roles before more contractors become aware of whats going to happen.

I don't think anyone is 'just saying this' though. It's clearly written in the new rules. The onus now is up to the client bodies to understand and interpret the new rules correctly. If done so then I expect a load of roles that should always have been inside to be classed as inside. And a handful of the roles that have always been outside to be classed as such.
I expect some that probably ought to be outside, to be classed inside though, but I doubt that any legal fight will help as the rules are for the 'PS body to make a decision', not necessarily for the PS body to make the right decision.

[Invisiblehand]

For the purposes of the IR35 'reforms', public sector is defined as bodies who are subject to the FOI act, so RBS is out of scope.

Thank you for actually answering the point.