client decides may decide to change to inside - Statement needed?

[MonkeysUncle]

I am currently working for a PS client outside of IR35 (yes these contracts do exist).
Contract has been reviewed by QDOS and I have made sure working practices are the same...been happy days for the last couple of months.

Last week for whatever reason (maybe a bad day) the IT director at the Client Co has decided he wants to impose more control by dictating where and when I work (what time to be in, ask for approval when working from home etc).

I have raised this with the agency, who, credit where its due, are quite informed about IR35 (given they are a solely public sector recruiter, and got audited by HRMC and passed). They are coming in to speak to the client co on Friday. The way I see it, it goes one of three ways:

1) Agency speaks to Client co, re iterates what it means to be outside of IR35, they understand it and all goes back to normal (preferred)
2) Client co has decided he wants all contractors to be Inside of IR35, is happy to pay the rate increase and contracts get drawn up again, i go brolly etc (not ideal, but I dont mind this)
3) Client co decided he wants everyone to be inside, doesnt increase the rate, I walk (given the state of the market, hoping to avoid this).

My question...if it comes down to option 2.
Is it worth getting a signed statement from either the Client Co or the Agency saying that this role has changed to inside SOLELY because of the IT Directors choice to exert more control over the contractors and not due to any sort of wrong assessment or change in the role.
Would this help if I HMRC come sniffing?

[Amanensia]

My question...if it comes down to option 2.
Is it worth getting a signed statement from either the Client Co or the Agency saying that this role has changed to inside SOLELY because of the IT Directors choice to exert more control over the contractors and not due to any sort of wrong assessment or change in the role.
Would this help if I HMRC come sniffing?

Why would this be a problem? If HMRC come sniffing, suspecting a past misclassification, they'll be chasing the client, not you.

[MonkeysUncle]

Why would this be a problem? If HMRC come sniffing, suspecting a past misclassification, they'll be chasing the client, not you.

Agreed, and something the agent will be making the client aware of. I just want to ensure my back is covered.

[oliverson]

I am currently working for a PS client outside of IR35 (yes these contracts do exist).
Contract has been reviewed by QDOS and I have made sure working practices are the same...been happy days for the last couple of months.

Last week for whatever reason (maybe a bad day) the IT director at the Client Co has decided he wants to impose more control by dictating where and when I work (what time to be in, ask for approval when working from home etc).

I have raised this with the agency, who, credit where its due, are quite informed about IR35 (given they are a solely public sector recruiter, and got audited by HRMC and passed). They are coming in to speak to the client co on Friday. The way I see it, it goes one of three ways:

1) Agency speaks to Client co, re iterates what it means to be outside of IR35, they understand it and all goes back to normal (preferred)
2) Client co has decided he wants all contractors to be Inside of IR35, is happy to pay the rate increase and contracts get drawn up again, i go brolly etc (not ideal, but I dont mind this)
2) Client co decided he wants everyone to be inside, doesnt increase the rate, I walk (given the state of the market, hoping to avoid this).

My question...if it comes down to option 2.
Is it worth getting a signed statement from either the Client Co or the Agency saying that this role has changed to inside SOLELY because of the IT Directors choice to exert more control over the contractors and not due to any sort of wrong assessment or change in the role.
Would this help if I HMRC come sniffing?

which of the option 2's are you referring to? ;-)

[hairymouse]

Don't underestimate how bad the market is at the moment. If you have the chance to keep the same rate you are on now except inside IR35 , you should give it serious consideration rather than spending months on the bench and eventually accepting something even worse.

For the stuff I do, daily rates are down by %25 to %50 and you'll be lucky to even get those.

[wattaj]

Don't underestimate how bad the market is at the moment. If you have the chance to keep the same rate you are on now except inside IR35 , you should give it serious consideration rather than spending months on the bench and eventually accepting something even worse.

For the stuff I do, daily rates are down by %25 to %50 and you'll be lucky to even get those.

^^ This.

[GhostofTarbera]

Don't underestimate how bad the market is at the moment. If you have the chance to keep the same rate you are on now except inside IR35 , you should give it serious consideration rather than spending months on the bench and eventually accepting something even worse.

For the stuff I do, daily rates are down by %25 to %50 and you'll be lucky to even get those.

This times 10


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[JoJoGabor]

Today I started my new permie job and actually feel quite relieved I've got something. Gone are the fancy lunches and taxis though. Financial lockdown is coming

[oliverson]

Today I started my new permie job and actually feel quite relieved I've got something. Gone are the fancy lunches and taxis though. Financial lockdown is coming

My deepest condolences. Still, one less.

[hairymouse]

Today I started my new permie job and actually feel quite relieved I've got something. Gone are the fancy lunches and taxis though. Financial lockdown is coming

What do you do? How long on the bench? What's the salary?