what if I don't get a determination? what if I don't get a determination?
Posts 1 to 10 of 10
  1. #1

    Still gathering requirements...


    Join Date
    Jul 2008
    Posts
    47

    Default what if I don't get a determination?

    Slightly complicated chain of people taking their cut from the end client. All reluctant to declare. End client quiet.

    Do I keep working presuming no change?
    Stop coming in post April 6th until I have something on paper?
    Could they wait until May 1st, declare inside, then take April 6th - May invoice & deduct PAYE etc?
    Lisa: "Gary, you can't blame yourself for what gorillas did."

  2. #2

    Double Godlike!


    Join Date
    Sep 2014
    Location
    Work-life balance nirvana
    Posts
    11,503

    Default

    Quote Originally Posted by babybel View Post
    Slightly complicated chain of people taking their cut from the end client. All reluctant to declare. End client quiet.

    Do I keep working presuming no change?
    Stop coming in post April 6th until I have something on paper?
    Could they wait until May 1st, declare inside, then take April 6th - May invoice & deduct PAYE etc?
    Potentially it's too late. If you're paid after April 6th, you're in the crosshairs.
    The greatest trick the devil ever pulled was convincing the world that he didn't exist

  3. #3

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    43,349

    Default

    Do you fully understand the risks? What could happen if you are deemed inside and keep working after the 6th? What the tool looks like and what it 'might' determine you as etc?

    Have you read these forums carefully to understand your situation regardless of waiting for the chain to tell you?
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  4. #4

    Nervous Newbie


    Join Date
    Mar 2017
    Posts
    12

    Default

    I'm starting to get the impression HMRC are going to have a field day next month.

  5. #5

    Still gathering requirements...


    Join Date
    Jul 2008
    Posts
    47

    Default there must be others not yet informed.

    I've looked at the tool / read all there is and am confident in my own determination, but it's no longer my opinion that matters. It's someone I haven't met.

    The minute they determine inside if they do, I'll leave and challenge from outside. It's a change to my terms and I won't accept it.
    I get paid on the 5th. If determined inside I'll leave and not invoice after that date, thus working at risk for the last few weeks & potentially not being able to invoice. I'll accept this as I enjoy the contract and would choose to stay all things being equal. I'm as confident as I can be that I can fight this course of action if I need to.

    Surely there are lots of other people in the same situation - still waiting. Do we know what the situation is if a determination doesn't come through?
    Lisa: "Gary, you can't blame yourself for what gorillas did."

  6. #6

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    43,349

    Default

    How can you fight a decision made by a client that has been made (rightly or wrongly) against guidance, a tool and their appetite to risk? Are you very highly skilled and super niche or are you fairly run of the mill PM/Service/Dev? Unless you are I can't see you changing the whole clients attitude to all this. You've got less than 10 days to do it in as well so not a chance really. If you do leave what are you going to achieve fighting it from the outside?

    The best you can do is make it very clear to the client and agent that you will be leaving if considered inside. As you've had no decision you currently plan on leaving on the 5th and then start your handover. You've only got a week left.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  7. #7

    Still gathering requirements...


    Join Date
    Jul 2008
    Posts
    47

    Default

    My understanding is that the client needs not to make a blanket decision and that you can appeal against it.

    As it's getting pretty late in the day, it's possible they will do the blanket thing.

    I'm niche enough to appeal against it and get heard. They'll change their determination or they won't.
    Lisa: "Gary, you can't blame yourself for what gorillas did."

  8. #8

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    43,349

    Default

    Quote Originally Posted by babybel View Post
    My understanding is that the client needs not to make a blanket decision and that you can appeal against it.

    As it's getting pretty late in the day, it's possible they will do the blanket thing.

    I'm niche enough to appeal against it and get heard. They'll change their determination or they won't.
    OK. Well go for it but IMO you are far too late.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  9. #9

    Still gathering requirements...


    Join Date
    Jul 2008
    Posts
    47

    Default

    Understood, thanks for the advice. Is there anyone else still waiting on a determination or is everyone else already sorted?
    Lisa: "Gary, you can't blame yourself for what gorillas did."

  10. #10

    Still gathering requirements...


    Join Date
    Mar 2017
    Posts
    27

    Default rules about blanket determination not relevant

    Babybel,
    I'm a relatively new contractor, but you maybe underestimating the lengths clients will go to not to make the determination.

    All contractors on one framework were initially told that they were inside, then when the 'individual decision/reasonable care bit became evident, were told that all their contracts would end before 5 April and they would only be able to re-contract via an umbrella.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •