outside IR35 before..inside after?

[Kanaiya]

Only if they win the investigation. If there is little chance of success then they won't even contend it.

Ohhh. But I have the insurance. I was told by qdos they will pay retrospective.



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[beatfreak]

If we're doing audit work for companies we will review where things are currently and provide recommendations on changes (whether it be contracts, policies or working practices). Generally we will only start the individual determination process once a company has had the opportunity to implement our recommendations.

That's odd, in your previous post you stated "I think there's probably a bit more to this than meets the eye. I don't know who the parties involved are, but we're certainly not advising companies on how to ensure contractors are inside IR35." Surely that's exactly what you stated in your most recent post? If you are recommending changes to contracts, policies or working practices which result in a different status determination that IS what you are doing! Disingenuous?

[Qdos Contractor]

That's odd, in your previous post you stated "I think there's probably a bit more to this than meets the eye. I don't know who the parties involved are, but we're certainly not advising companies on how to ensure contractors are inside IR35." Surely that's exactly what you stated in your most recent post? If you are recommending changes to contracts, policies or working practices which result in a different status determination that IS what you are doing! Disingenuous?

Sorry, not sure I follow. The only advice we'll ever give to a company is how to improve their IR35 position.

Are you suggesting that we're advising companies on how to change things to put contractors inside IR35?

Seb

[beatfreak]

Sorry, not sure I follow. The only advice we'll ever give to a company is how to improve their IR35 position.

Are you suggesting that we're advising companies on how to change things to put contractors inside IR35?

Seb

Please clarify what you mean by “improve”?

[northernladuk]

Please clarify what you mean by “improve”?

Make better.

[beatfreak]

Make better.

PMSL! I didn't ask for a definition, I asked what he meant by it.

[northernladuk]

PMSL! I didn't ask for a definition, I asked what he meant by it.

He means they'd advise the client on how to treat contractors, the difference between permies and contractors and what the contractual terms are and what they mean etc.

If they have a contractor on site and they want him to do what they want and won't accept a sub then it's a bad position. QDOS would educate them around statement of works, requirement to allow substitution to which the client agrees and the IR35 situation is improved.

[ladymuck]

And it's only advice. The client can hear it, nod and smile, and go nah - we don't want people being all independent minded.

[Skint]

Only if they win the investigation. If there is little chance of success then they won't even contend it.

I'd be very interested to see a Qdos comment on this Ʌ

[jamesbrown]

I'd be very interested to see a Qdos comment on this Ʌ

Read their T&Cs, which are available online. There is a clause in there w/r to a "reasonable chance of success". This is pretty standard and not designed to catch you out, but they are also fully aware of the sunk cost fallacy and they aren't going to pursue an unwinnable case.