SDS Appeal SDS Appeal - Page 3
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Thread: SDS Appeal

  1. #21

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    Quote 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.

  2. #22

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    Quote 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

  3. #23

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    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.

  4. #24

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

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

  5. #25

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    Quote 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.

  6. #26

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    Quote 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.

  7. #27

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    Quote 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; 10th February 2020 at 23:11.
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  8. #28

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    Quote 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
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.”

    ― Marcus Aurelius

  9. #29

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    Quote 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.

  10. #30

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    Default 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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