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SDS Appeal

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    #21
    Originally posted by GhostofTarbera View Post
    Quit and warm the bench for the next year

    Top idea
    The market is dead as a dodo right now but do you think it'll stay that way after hundreds or thousands of contractors move on from their current client to minimise their risk? I think it'll suddenly boom while everyone plays musical chairs.

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      #22
      Originally posted by Snooky View Post
      The market is dead as a dodo right now but do you think it'll stay that way after hundreds or thousands of contractors move on from their current client to minimise their risk? I think it'll suddenly boom while everyone plays musical chairs.
      hundreds is more likely than thousands in my view.
      Most of those that I know are just as terrified of the open market as permies. They just hate tax.
      See You Next Tuesday

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        #23
        I'm trying to predict how an appeal against an inside IR35 status determination might play out. If we take Right of Substitution which is a relatively black&white point, Clientco states in SDS that in practice they wouldn't accept a substitute. My contract (checked by Qdos) states that Clientco will accept a substitute.

        So in their SDS Clientco is effectively stating that they would breach the RoS clause in my contract in which case it seems to me that their SDS would be based on a rather weak legal footing.

        Would they really state in an SDS that they would breach one of the terms of my contract of employment or am I missing something? Is this the reason that some of the big players are avoiding an inside IR35 SDS entirely and simply blanket banning PSCs? If so, I'm wondering whether Clientco have considered this point and whether there is a way I could encourage them not to issue the SDS.

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          #24
          You complain. They get pissed off. You complain more. They walk you.

          How's that?
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #25
            Originally posted by northernladuk View Post
            You complain. They get pissed off. You complain more. They walk you.

            How's that?
            Simples - dont complain the second time.

            Appealing an SDS is fine, provide the evidence you need to re contract and working practices etc..., then live by the appealed result and stay or go as you see fit.

            Comment


              #26
              Originally posted by northernladuk View Post
              You complain. They get pissed off. You complain more. They walk you.

              How's that?
              My plan is to walk anyway but lodge an SDS appeal before doing so in order to put it on record that I did not agree with their SDS and that was why I left.

              Comment


                #27
                Originally posted by Blencathra View Post
                My plan is to walk anyway but lodge an SDS appeal before doing so in order to put it on record that I did not agree with their SDS and that was why I left.
                So you lodge an appeal, leave before they have a chance to respond and.... and... Ermm..

                That will show them..

                So this isn't a real thread. Its just a rant.
                Last edited by northernladuk; 10 February 2020, 23:11.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #28
                  Originally posted by Blencathra View Post
                  I'm trying to predict how an appeal against an inside IR35 status determination might play out. If we take Right of Substitution which is a relatively black&white point, Clientco states in SDS that in practice they wouldn't accept a substitute. My contract (checked by Qdos) states that Clientco will accept a substitute.

                  So in their SDS Clientco is effectively stating that they would breach the RoS clause in my contract in which case it seems to me that their SDS would be based on a rather weak legal footing.
                  Working practices trump the contract, the contract may say they will accept a sub but if the client says no they won’t the contract clause is irrelevant
                  Originally posted by Stevie Wonder Boy
                  I can't see any way to do it can you please advise?

                  I want my account deleted and all of my information removed, I want to invoke my right to be forgotten.

                  Comment


                    #29
                    Originally posted by SimonMac View Post
                    Working practices trump the contract, the contract may say they will accept a sub but if the client says no they won’t the contract clause is irrelevant
                    Working practices trump the contract
                    it's interesting to note that in the 42 question assessment that QDOS are providing to help determine status, they accept some contractual provisions at face value, e.g. MOO, but not others e.g. substitution. Clearly neither one nor the other can be completely ignored and both must be taken into account.

                    Comment


                      #30
                      Contract Terms

                      "Would they really state in an SDS that they would breach one of the terms of my contract of employment or am I missing something?"

                      The contract is normally between your Ltd company and the Agency, the client is not party to this agreement, therefore they are not breaching any terms at all. Have you seen the upper contract between the agency and the End Client.

                      The client is at liberty to state that they will not accept a substitute, this makes it very difficult to get an outside IR35 status determination.

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