Contractor Among Contractors
yes, the determination is the key. My client, through Qdos, is in the process now of assessing the contracts. I'm keeping my head down for the moment and waiting to see what transpires. Abbey Tax has assessed my contract as outside, so I hope Qdos will come to the same conclusion.
Moomin
Guest
This has partially answered another newbie question.
The other day I told the boss I don't want the company to make a determination and I will leave the contract early (end Feb) - they seem sympathetic and agreed with my plan (but who knows what the company will say to that).
Is my request even necessary if I'm leaving within the self assessed period?
Contractor Among Contractors
Contractor Among Contractors
I accept that. All I'm trying to do, and have always tried to do, is to make people aware of possible choices or avenues of approach. Clearly each person's circumstances are unique and they must make up their own minds what is the best course of action for them. If you were not aware of some issue in life which would have been advantageous to you, I guess you and many would say "I wish I'd known that, I could have done -"
HMRC consistently say that being subject to IR35 in the FTT doesn't automatically assign employment rights. That is correct, but it is propaganda. If the factors used in the FTT are the same as would be used by the ET, and I've asked that question several times, but received no answer, then it is likely that an ET would come to the same conclusion as the FTT. HMRC's propaganda tries to conceal that principle.
I cannot see that an ET would come to a different conclusion even if it were purely for political reasons, i.e. one court wouldn't want to come to a different conclusion to the other. But granted, adopting such a strategy would depend entirely on the individuals' personal circumstances. I'm really surprised that no one has yet attempted this, particularly when you consider the bills that some BBC presenters are faced with.
This is so off topic that I really should be replying to it.
The reason why you wouldn't use an employment tribunal is that you wouldn't do that until all appeals on the tax side of things have been completed and you have a final determination.
I don't believe anyone has got to that absolute final determination yet.
merely at clientco for the entertainment