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Thread: plan of action

  1. #1

    Still gathering requirements...


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    Default plan of action

    I'm contracted until end March determining myself outside. I intend to give notice on this contract in Feb, assuring I am paid Pre April 6th.

    There is talk of me & others being given a determination by the end Cli by the end Jan. I find this puzzling. It's not their determination until AFTER my contract end so why are they doing it? If I get an "inside" - does this reflect badly? Or can I treat it for what it is, an ill informed decision by people who have never met or worked with me to mitigate their risk.

    On another subject, it may be that the current cli. wants to offer a new contract going forward. if this were offered inside, am I correct in thinking that this would rise the risk of retrospective investigation, regardless of how ill-informed the decision? Why is it that more weight on a determination is given to a bunch of permie corporates in some HR department somewhere, than to myself?

    My current thinking is.
    Notice in Feb. Sit it out for a bit and see what occurs in the market.
    If offered a new contract, if inside even if all £'s equal @ same client, reject due to risk of retrospective.
    If offered a new contract, if outside & ts&cs good, go for it.

    Be grateful for any (constructive) comments or pointers to holes in my logic.
    Lisa: "Gary, you can't blame yourself for what gorillas did."

  2. #2

    Super poster

    ladymuck's Avatar
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    Would you want your determination in advance so you can plan or at the 11th hour?

    The client would be saying that the engagement going forward is inside so any new contract would be on that basis.

    If you don't take the inside gig, there's nothing to be concerned over.

  3. #3

    Still gathering requirements...


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    1. ill informed decision by people who have never met. Easier to blanket everyone and be risk averse than figure out each individual

    2. Yes you would be more likely to put a target on your back. Try arguing you were once outside as a service provider yet the next day, according to the client nothing has changed and they treat you as one of their employees...just not officially with all the usual perm perks. HMRC want their tax and the client is saying "yes...you owe it to them" - that's why it carries more weight. Unfair...you bet.

    Being inside shouldn't really happen. It's like saying "we want you as a perm but don't want to give you any of the perks". Most are being offered umbrella option (you're now an employee of the umbrella company who tax you accordingly) or you get a fixed term contract - still not as good as perm because it has an end date.
    Last edited by Anubis; 16th January 2020 at 16:53.

  4. #4

    Nervous Newbie


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    Quote Originally Posted by Anubis View Post
    1. ill informed decision by people who have never met. Easier to blanket everyone and be risk averse than figure out each individual

    2. Yes you would be more likely to put a target on your back. Try arguing you were once outside as a service provider yet the next day, according to the client nothing has changed and they treat you as one of their employees...just not officially with all the usual perm perks. HMRC want their tax and the client is saying "yes...you owe it to them" - that's why it carries more weight. Unfair...you bet.

    Being inside shouldn't really happen. It's like saying "we want you as a perm but don't want to give you any of the perks". Most are being offered umbrella option (you're now an employee of the umbrella company who tax you accordingly) or you get a fixed term contract - still not as good as perm because it has an end date.
    goes against if you are planning to stay as an independent contractor and don't want to be treated as an employee.

    I just rejected two inside roles today.

  5. #5

    Still gathering requirements...


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    Quote Originally Posted by babybel View Post
    It's not their determination until AFTER my contract end so why are they doing it?
    This is worth arguing / explaining to the client.

    FWIW, this is my process for the next month or so...


    Be pro-active, complete the CEST and provide all your answers to your client with the reasoning for them, this will help them better understand your position.

    Another good idea will be for you to define with the client what it is they see as the requirements and working practices for the service, just from that chat you'll get a very good understanding of where they see things. If you know CEST (ignoring that it's broke) then you'll very quickly know which way this is going even before they initiate a determination.

    If all signs point to an inside determination, then ask the client to make the determination on what they expect of the service provided, the requirements and WP, this is highly likely to sound permie if you give them and open book on 'wants' and 'control' etc. Explain to them that you are happy to end the current contract within an agreed period and move (or not) to a new written contract that has had the determination placed on it.

    If they have already initiated the determination and found the current contract inside then the current contract should be killed off and a new one created and signed off only when it reads like a nailed on permie role and completely different to the one you just killed, and then leave ASAP.

    If they refuse the killing of the contract or to rewrite the contract then put in an appeal to have the determination reviewed and then leave ASAP.


    Well, it's a plan of sorts.

  6. #6

    Contractor Among Contractors

    GhostofTarbera's Avatar
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    You have another role to go to?


    Sent from my iPhone using Contractor UK Forum

  7. #7

    More time posting than coding


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    Quote Originally Posted by messymess View Post
    I just rejected two inside roles today.
    Was this on principal, or because the day rate on offer for an Inside role was too low compared with your "normal" rate?

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