Appeal Process

[NetContractor]

I didn't know it was public sector, because they are NOT public sector. But apparently, for the purposes of the legislation it has something to do with the freedom of information and not just PS. The client is Private Sector, even according to everyone who works here, but fall under Freedom of Information, and therefore the legislation....or something like that.

The rest of the replies are much of a muchness...I'll wait and get a response from them and deal with it them. In the mean time I have been through "the tool" and sent my answers to the agency and the Project Manager.

Incidentally, which version of the tool is the live one? I found a beta version and more complicated version. One returned "self employed" and the other returned "Legislation does not apply"

[bobspud]

This...

And the 24 month rule kicking in

It's better than that. HMRC have told the departments to let them know about any contractor that walks out over this to avoid the problem...

Going/staying is probably going to get you exactly the same result...

[DotasScandal]

I disagree. I have a very good attitude towards my client. (...)

Don't feel like you have to defend yourself.
You are at CUK, home of judgemental, holier-than-thou contractor "friends", always there to see to point out the straw in your eye.
Don't sweat it

[northernladuk]

I didn't know it was public sector, because they are NOT public sector. But apparently, for the purposes of the legislation it has something to do with the freedom of information and not just PS. The client is Private Sector, even according to everyone who works here, but fall under Freedom of Information, and therefore the legislation....or something like that.

Your income, contract, legal position and risk of retrospective action are all on the line... and it's 'something like that'?

The rest of the replies are much of a muchness...I'll wait and get a response from them and deal with it them. In the mean time I have been through "the tool" and sent my answers based on my opinion of the contract and engagement to the agency and the Project Manager.

FTFY

[NetContractor]

It's better than that. HMRC have told the departments to let them know about any contractor that walks out over this to avoid the problem...

Where did you get that information from?

[SueEllen]

I didn't know it was public sector, because they are NOT public sector. But apparently, for the purposes of the legislation it has something to do with the freedom of information and not just PS. The client is Private Sector, even according to everyone who works here, but fall under Freedom of Information, and therefore the legislation....or something like that.

It was reported last summer on this forum that these changes were in the pipeline. We then had to work out which departments were in scope and while this took some months we knew in February before the tool came out. So you moaning my client is not public sector gets very little sympathy on here.

The rest of the replies are much of a muchness...I'll wait and get a response from them and deal with it them. In the mean time I have been through "the tool" and sent my answers to the agency and the Project Manager.

Incidentally, which version of the tool is the live one? I found a beta version and more complicated version. One returned "self employed" and the other returned "Legislation does not apply"

Gov.UK sites stay in Beta for a while, while they tweak the site. So use the latest one you can find and print out your answers with a date stamp.

[eek]

It's better than that. HMRC have told the departments to let them know about any contractor that walks out over this to avoid the problem...

Going/staying is probably going to get you exactly the same result...

Continuing to work in April in a contract deemed inside IR35 is going to be far harder to defend than a decision to leave in March due to you believing the contract was outside with the end client thinking it was inside.

In the former case you are implicitly agreeing that the inside IR35 decision may be valid, in the latter case you are explicitly disagreeing that the contract was inside..

Granted they may both end up with HMRC knocking on your door but I think the latter option is far more defendable...

[eek]

Don't feel like you have to defend yourself.
You are at CUK, home of judgemental, holier-than-thou contractor "friends", always there to see to point out the straw in your eye.
Don't sweat it

The issue is that the OP has a fundamental misunderstanding of how the new world works. In the public sector the decision is no longer one made by the individual contractor but is made by the end customer (the public sector department / nuclear power station / university)....

That decision may not be one that management lets a local manager decide and it may be being done on a global basis by say the HR department. and if its done on a global basis and the resultant answer is delivered as a departmental policy there is little a contractor or local manager will be able to do about it.

[NetContractor]

It was reported last summer on this forum that these changes were in the pipeline. We then had to work out which departments were in scope and while this took some months we knew in February before the tool came out. So you moaning my client is not public sector gets very little sympathy on here.

I'm not moaning. And my client is not public sector; the agent says it, and the client says it. But they are a university and come under freedom of information which makes the rules apply.

Geez...I came on here for a bit of information about appealing. Ever do something and end up sorry you ever bothered.

[eek]

I didn't know it was public sector, because they are NOT public sector. But apparently, for the purposes of the legislation it has something to do with the freedom of information and not just PS. The client is Private Sector, even according to everyone who works here, but fall under Freedom of Information, and therefore the legislation....or something like that.

The rest of the replies are much of a muchness...I'll wait and get a response from them and deal with it them. In the mean time I have been through "the tool" and sent my answers to the agency and the Project Manager.

Incidentally, which version of the tool is the live one? I found a beta version and more complicated version. One returned "self employed" and the other returned "Legislation does not apply"

https://www.gov.uk/guidance/check-em...status-for-tax is the correct tool. It will be marked as Beta for months as that is how the gov.uk site works for new websites (I worked on one that was marked as beta for 12 months)...