SDS appeal template

[SimonMac]

Has anyone seen a template that can be used to appeal an inside determination?

If not can I ask the collective to help form one?

I’m aware that a client has 45 days to respond to an we are 49 days away from the last working day before these changes take effect so I’m hoping something can be co-created over the weekend

[dsc]

The legislation hasn't even been passed yet, so practically the appeal process doesn't even exist yet (which also explains why there's no templates).

[Paralytic]

Has anyone seen a template that can be used to appeal an inside determination?

If not can I ask the collective to help form one?

I’m aware that a client has 45 days to respond to an we are 49 days away from the last working day before these changes take effect so I’m hoping something can be co-created over the weekend

The change in law is not in place yet. If the client gives a determination now (which is really nothing more than an opinion at present), and you appeal, then they do not have to ever respond.

The gov IR35 Guidance page does state:

A status determination statement issued before 6 April 2020 is valid under the new rules, if it contains the reasons for the conclusion reached.

But, again, since the law has not passed yet, that's just confusing things.

[ladymuck]

I'm not entirely sure legalisation needs to define what form the appeal should take.

I'd just write a letter referring to the SDS and the specific reasons that I disagree with it and why.

Then give the date 45 days hence by which a response is required.

[northernladuk]

I really don't think the process was designed to challenge a determination in the hope they will reverse it and certainly not now when it's not even valid.

If you get offered a gig and at that point, or the minute you step on sites you issue it there is the 45 coo down plus time in negotiations. Client is gonna walk you before you even get close. It just doesn't work.

The only time I imagine it's going to work is to appeal historically like thst woman did to get her holiday pay. You start inside, over time as evidence grows and your working practices become clear you decide you are outside so appeal with the facts of the matter.

Appealing a decision which is based on working practices you haven't even seen yet is pointless.

Contractor : I appeal on some non tangibles I haven't seen yet.
Client : Tough.
Contractor : oh

[jamesbrown]

Stick your **** on client photocopier, place copy into client envelope, deliver via client mail system.

Job done.

[northernladuk]

Stick your **** on client photocopier, place copy into client envelope, deliver via client mail system.

Job done.

Due to the OPs party trick of bearing his arse at Xmas does they've probably seen it already.

[BR14]

Due to the OPs party trick of bearing his arse at Xmas does they've probably seen it already.

????

[SimonMac]

????

I have a reputation in certain darker parts of the forum

[SimonMac]

I'm not entirely sure legalisation needs to define what form the appeal should take.

I'd just write a letter referring to the SDS and the specific reasons that I disagree with it and why.

Then give the date 45 days hence by which a response is required.

Like others I see it mainly as a futile exercise but it’s my right to be damned awkward as possible!

I don’t see the consequences if they just ignore the 45 days though