Appeal Process Appeal Process
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Thread: Appeal Process

  1. #1

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    Default Appeal Process

    My client has yet to inform me of their verdict on the state of my contractual working practices...ie. if I am in or out of IR35.

    My concerns with all of this are because my contract is clearly outside of IR35, and has been reviewed and approved. However the people making this decision are in HR and removed from our office and project. It is ridiculous! Plus, because it is easier (for me) I have worked standard hours for the 2 years I have been here. Granted my hours are chosen by me, and are different to the start/finish times (and duration) of others in the office, but for someone removed from the situation, it might look like I am controlled in my hours. Plus due to ease, I use client equipment and work on client site, however I do not have to; my contract stipulates as such, I have just chosen not to enforce the contract because it is easier (for me).

    Does anyone know what the appeal process is, if you do not agree with the client verdict? My (current) plan, should they come down with an inside ruling is to begin enforcing the contract. I will stagger my hours, switch to my own equipment. If I have to I will send in a sub but it is more convenient for me, not to. Either way I know that I can demonstrate I am not controlled and outside IR35. So in that I am not concerned.

    I am just unsure of how I go about appealing. Of course they (may) come back with an outside verdict and I carry on as normal.

    Cheers.

  2. #2

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    Quote Originally Posted by NetContractor View Post
    My client has yet to inform me of their verdict on the state of my contractual working practices...ie. if I am in or out of IR35.

    My concerns with all of this are because my contract is clearly outside of IR35, and has been reviewed and approved. However the people making this decision are in HR and removed from our office and project. It is ridiculous! Plus, because it is easier (for me) I have worked standard hours for the 2 years I have been here. Granted my hours are chosen by me, and are different to the start/finish times (and duration) of others in the office, but for someone removed from the situation, it might look like I am controlled in my hours. Plus due to ease, I use client equipment and work on client site, however I do not have to; my contract stipulates as such, I have just chosen not to enforce the contract because it is easier (for me).

    Does anyone know what the appeal process is, if you do not agree with the client verdict? My (current) plan, should they come down with an inside ruling is to begin enforcing the contract. I will stagger my hours, switch to my own equipment. If I have to I will send in a sub but it is more convenient for me, not to. Either way I know that I can demonstrate I am not controlled and outside IR35. So in that I am not concerned.

    I am just unsure of how I go about appealing. Of course they (may) come back with an outside verdict and I carry on as normal.

    Cheers.
    There is no formal appeal process. You will have to deal with it via your client co. contacts and their HR.

    If you are in the Public sector and they are giving you an inside IR35 determination your best bet is just to walk away and find another gig.
    "Being nice costs nothing and sometimes gets you extra bacon" - Pondlife.

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    Quote Originally Posted by DaveB View Post
    There is no formal appeal process. You will have to deal with it via your client co. contacts and their HR.

    If you are in the Public sector and they are giving you an inside IR35 determination your best bet is just to walk away and find another gig.
    OK so no appeal process. I see that now....who would you appeal to. Who informs HMRC of the decision? The Client? When? How? Surely I can speak to whomever makes the decision before it gets submitted and explain the reality of the situation. The difficulty here is that the decision makers aren't even on my project, so if I CHOOSE to work a 7 hour day (most of the time) they might see that as control (It would be nice if they would consult with me wouldn't it.)

    Otherwise I might be downing tools and walking out the door in a few weeks time.

  4. #4

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    It's the clients risk and the clients call. Appealing and asking them to change it to suit you exposes them so is unlikely to have much traction. DaveB has told you what to do.
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    Quote Originally Posted by northernladuk View Post
    It's the clients risk and the clients call. Appealing and asking them to change it to suit you exposes them so is unlikely to have much traction. DaveB has told you what to do.
    I understand that, and would not expect them to "change" their mind, however because the person making this call is removed from the project, it is feasible that they will make an erroneous assumption based on my chosen work patterns. The "tool" can be tricky that way.

    Walking out, is not the best advice. Sometimes it is the only option, but it certainly is not the most responsible decision if one cares about their client, project, and career. I am trying to exhaust my other options before making that call...although I have made those in my office aware of the state of play should the verdict be delivered.

  6. #6

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    Quote Originally Posted by NetContractor View Post
    I understand that, and would not expect them to "change" their mind, however because the person making this call is removed from the project, it is feasible that they will make an erroneous assumption based on my chosen work patterns. The "tool" can be tricky that way.

    Walking out, is not the best advice. Sometimes it is the only option, but it certainly is not the most responsible decision if one cares about their client, project, and career. I am trying to exhaust my other options before making that call...although I have made those in my office aware of the state of play should the verdict be delivered.
    But it's not a bad choice if you care about your bank balance and the prospect of being hit with retrospective taxes
    Rule Number 1 - Assuming that you have a valid contract in place always try to get your poo onto your timesheet, provided that the timesheet is valid for your current contract and covers the period of time that you are billing for.

    I preferred version 1!

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    Quote Originally Posted by BoredBloke View Post
    But it's not a bad choice if you care about your bank balance and the prospect of being hit with retrospective taxes
    No its not. And it very well might be the only one. and time is running out. I understand all of that.

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    Quote Originally Posted by BoredBloke View Post
    But it's not a bad choice if you care about your bank balance and the prospect of being hit with retrospective taxes
    This...

    And the 24 month rule kicking in
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    Quote Originally Posted by NetContractor View Post
    No its not. And it very well might be the only one. and time is running out. I understand all of that.

    Bloody Tories! Sorry I voted for you!
    You know that if you are deemed inside all payments made after April 6th (note that is invoice payments NOT work done) have to have the tax deducted first.

    The time to be deciding whether to stay or not is far closer than you think. Depending on your required notice period and payment terms it may already have past.
    merely at clientco for the entertainment

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    Quote Originally Posted by eek View Post
    You know that if you are deemed inside all payments made after April 6th (note that is invoice payments NOT work done) have to have the tax deducted first.

    The time to be deciding whether to stay or not is far closer than you think. Depending on your required notice period and payment terms it may already have past.
    My agency has told me (in writing) that they will pay invoices before the 6th. I have informed them (also in writing), and the client, that I will be leaving at the end of March if their HR deliver an undesirable (and incorrect) conclusion.

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