Just had a chat with client about next year...

[youngguy]

I'm approaching 2yrs at the client and my plan was to leave around Xmas (get out before the Feb stampede, plus who wants the angst of working in an environment with question marks everywhere). Client not likely to determine until Jan but has pretty much said everyone is in.

My plan was to take a few months out and see where the dust has settled.

Client approached me two weeks ago to offer up a perm role as a result of a restructure. £80K, new JD, title, role, reporting lines (no longer working as a project resource) so I'm confident it is different enough. I'm just doing the sums to see whether it is worth taking, closing the co, using the money to pay off mortgage and invest, then go perm. Worse case is I ride it out for two years and return to contracting if things have settled and rates etc normalised.

Only Q is whether I can hack being a perm after 10yrs of contracting!

Sent from my Nokia 7 plus using Contractor UK Forum mobile app

[IR35Sucks]

At my place different departments are saying it is PAYE or out, and my Programme Manager is saying similar although nothing is confirmed. I am currently weighing up the risks of each option.

Can anyone recommend any solicitors/parties that can give some definitive legal advice as to what the risks actually are? HMRC are saying that they will not take the current to determination to apply retrospectively (unless I have misunderstood). So I want to take some advice from someone qualified. Thanks in advance!

[northernladuk]

At my place different departments are saying it is PAYE or out, and my Programme Manager is saying similar although nothing is confirmed. I am currently weighing up the risks of each option.

Can anyone recommend any solicitors/parties that can give some definitive legal advice as to what the risks actually are? HMRC are saying that they will not take the current to determination to apply retrospectively (unless I have misunderstood). So I want to take some advice from someone qualified. Thanks in advance!

They won't know, just like we don't. QDOS are experts in this and they aren't committing to anything definite here.

Anyone that does will be in a world of trouble when the landscape changes again. No one will say 'no risk' in case HMRC does an about turn and then you sue the person who gave you the advice.

[malvolio]

Can I suggest to anyone who gets into this position that they ask their client (or even their Human Remains people) to have a careful read of this precis of the reality. It might help focus their minds a little...

[simes]

Thanks for that link.

A good write up.

[Anubis]

Decision has been made by the end client. They will not be renewing my contract and are letting me go in the new year.

I’m actually relieved as the uncertainty has gone. I now know what’s happening and I can plan things accordingly.

[IR35Sucks]

They won't know, just like we don't. QDOS are experts in this and they aren't committing to anything definite here.

Anyone that does will be in a world of trouble when the landscape changes again. No one will say 'no risk' in case HMRC does an about turn and then you sue the person who gave you the advice.

Bloody hell. So basically it comes down to my subjective view of the risk levels of each option and/or whether I follow the herd mentality or not?

Great.

[JohntheBike]

Can I suggest to anyone who gets into this position that they ask their client (or even their Human Remains people) to have a careful read of this precis of the reality. It might help focus their minds a little...

Do we know what organisations IPSE are sending this analysis to? or are they just expecting them to search for it?

[ladymuck]

Bloody hell. So basically it comes down to my subjective view of the risk levels of each option and/or whether I follow the herd mentality or not?

Great.

It shouldn't be all that subjective. You need to look at the contract and ensure the working practices back it up. You need to ensure the client thinks the same way you do. Then, you need to document everything to make sure that all the things agreed on are recorded.

[malvolio]

Do we know what organisations IPSE are sending this analysis to? or are they just expecting them to search for it?

It's gone out to a lot of people AIUI, as IPSE have pushed it to their membership plus I've seen it on both LinkedIn and Farcebook.. There are several other variations on the same theme from a range of sources. If clients are too dim to go looking for advice, that's really down to them, rather than those trying to help.