Working through  supplier to a public service/fix term contract Working through supplier to a public service/fix term contract
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  1. #1

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    Default Working through supplier to a public service/fix term contract

    Just been talking to some agents I have had the following two cases described to me for working for a public body

    1. ITs part of a fixed price contract, therefore its not subject to IR35
    2. Its working through a supplier to a public body, ie the suppler is supplying a service and I would be working for through that supplier.

    Theses are the only details that I have for two different possible contracts.

    I am not an expert at IR35, but if it was that easy to avoid using either of these two methods, it would have been tried already, I smell a rat.

    Any advice please ? I known the devil is in the detail

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    But how will you be engaged? You will be on a daily rate sitting on a seat doing the same as permies and can't substitute etc?

    Have they explicity told you the gig will be in or outside IR35 and how have they come to that determination? It still applies to any gig as it has up to now, just might be out of scope of the legislation. Have you asked them directly about the recent legislation? If they start umming and ahhing be very careful.
    Last edited by northernladuk; 14th March 2017 at 15:47.
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    Do you mean Fixed Term Contract, rather than fixed price?

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    Quote Originally Posted by MrMarkyMark View Post
    Do you mean Fixed Term Contract, rather than fixed price?
    To me, it reads as fixed price - that's what puts it outside IR35. As we know, that can be a massive can of worms if you don't nail the analysis and scope.

    FTC would just be the PSB acting as the umbrella as well.

    As NLUK says, what's your involvement? Are you fixed price to the consultancy?
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    Quote Originally Posted by LondonManc View Post
    To me, it reads as fixed price - that's what puts it outside IR35. As we know, that can be a massive can of worms if you don't nail the analysis and scope.

    FTC would just be the PSB acting as the umbrella as well.

    As NLUK says, what's your involvement? Are you fixed price to the consultancy?
    OPs Thread Title:-
    Working through supplier to a public service/fix term contract
    Fix termed contracts are also outside IR35.

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    Quote Originally Posted by LondonManc View Post
    To me, it reads as fixed price - that's what puts it outside IR35. As we know, that can be a massive can of worms if you don't nail the analysis and scope.

    FTC would just be the PSB acting as the umbrella as well.

    As NLUK says, what's your involvement? Are you fixed price to the consultancy?
    That's how I read it, possibly via Gcloud and the like so it's out of scope of the legislation but surely IR35 is still a consideration between him and the consultancy. It's just a private sector gig so normal gotchas apply?

    Good spot with the title though, missed that.
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    Quote Originally Posted by northernladuk View Post
    That's how I read it, possibly via Gcloud and the like so it's out of scope of the legislation but surely IR35 is still a consideration between him and the consultancy. It's just a private sector gig so normal gotchas apply?

    Good spot with the title though, missed that.
    There's two actual scenarios in discussion here .

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    Ah, so he's potentially on an FTC as part of a larger fixed price project. Good spot Mark.

    That would make sense if the supplier is ring-fencing costs. However, I'd be very careful about the scope of my deliverables and raising anything that doesn't look right asap (that's a working practices cautionary rather than an IR35 cautionary).

    A standard contract and working practices review should suffice then?
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    FTCs are not common in the private sector are they so would like the OP to clarify.
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    Quote Originally Posted by northernladuk View Post
    FTCs are not common in the private sector are they so would like the OP to clarify.
    The OP suggests they are both Public sector roles...

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