I'm in a bit of a funny position at the moment.
I work FT in the public sector. I work in 'shadow IT', outside the main IT department. The main IT department was given a last minute assignment and didn't have the resource internally to do the work. My own manager wouldn't give me up to the IT department because we have so much of our own work to crack on with before end of the year.
So the IT department offered to pay me as a contractor, doing the work in evenings/weekends and my annual leave days.
They sent me a new supplier form, which had about 30 questions all aimed at working out whether the contractor should be in/outside IR35. I answered honestly, and expected they'd call it outside IR35.
I've checked the supplier finance system today and noticed that my company is down as 'PSC-IR35 MyCompanyLtd'.
The only thing I can imagine is that because I have a desk, and might at times use the computer supplied to me for work (I mainly used my personal laptop to be fair), that they saw me as inside IR35. But I was clearly held to account as a contractor, not as an employee.
It was a one-off project for a fixed-sum, then a separate invoice for a few days of out-of-scope work which came up as we went along, only totalling a 4-figure sum.
Is it worth trying to challenge this? How would I go about it? I'm probably going to give the procurement team a bell in the morning, but wondered what avenues there are for challenging it outside of that? I wasn't that bothered initially, but there's a possibility of some more work, for a 5-figure sum, which will make a lot of difference.
I work FT in the public sector. I work in 'shadow IT', outside the main IT department. The main IT department was given a last minute assignment and didn't have the resource internally to do the work. My own manager wouldn't give me up to the IT department because we have so much of our own work to crack on with before end of the year.
So the IT department offered to pay me as a contractor, doing the work in evenings/weekends and my annual leave days.
They sent me a new supplier form, which had about 30 questions all aimed at working out whether the contractor should be in/outside IR35. I answered honestly, and expected they'd call it outside IR35.
I've checked the supplier finance system today and noticed that my company is down as 'PSC-IR35 MyCompanyLtd'.
The only thing I can imagine is that because I have a desk, and might at times use the computer supplied to me for work (I mainly used my personal laptop to be fair), that they saw me as inside IR35. But I was clearly held to account as a contractor, not as an employee.
It was a one-off project for a fixed-sum, then a separate invoice for a few days of out-of-scope work which came up as we went along, only totalling a 4-figure sum.
Is it worth trying to challenge this? How would I go about it? I'm probably going to give the procurement team a bell in the morning, but wondered what avenues there are for challenging it outside of that? I wasn't that bothered initially, but there's a possibility of some more work, for a 5-figure sum, which will make a lot of difference.
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