SDS appeal template SDS appeal template
Page 1 of 2 12 LastLast
Posts 1 to 10 of 17
  1. #1

    TykeLike

    SimonMac's Avatar
    Join Date
    Aug 2010
    Location
    God's Own Republic Of Yorkshire
    Posts
    23,866

    Default SDS appeal template

    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
    “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

  2. #2

    Should post faster


    Join Date
    Jul 2018
    Posts
    159

    Default

    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).

  3. #3

    Fingers like lightning


    Join Date
    Jul 2019
    Posts
    841

    Default

    Quote Originally Posted by SimonMac View Post
    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.
    Last edited by Paralytic; 14th February 2020 at 17:17.

  4. #4

    Godlike

    ladymuck's Avatar
    Join Date
    Sep 2005
    Location
    London
    Posts
    7,383

    Default

    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.

  5. #5

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    42,840

    Default

    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
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  6. #6

    Default

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

    Job done.

  7. #7

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    42,840

    Default

    Quote Originally Posted by jamesbrown View Post
    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.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  8. #8

    Double Godlike!

    BR14's Avatar
    Join Date
    Jun 2017
    Location
    Under your kitchen sink
    Posts
    10,227

    Default

    Quote Originally Posted by northernladuk View Post
    Due to the OPs party trick of bearing his arse at Xmas does they've probably seen it already.
    ????
    Entropy is NOT what it used to be.
    Inertia, however........................

  9. #9

    TykeLike

    SimonMac's Avatar
    Join Date
    Aug 2010
    Location
    God's Own Republic Of Yorkshire
    Posts
    23,866

    Default

    Quote Originally Posted by BR14 View Post
    ????
    I have a reputation in certain darker parts of the forum
    “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

  10. #10

    TykeLike

    SimonMac's Avatar
    Join Date
    Aug 2010
    Location
    God's Own Republic Of Yorkshire
    Posts
    23,866

    Default

    Quote Originally Posted by ladymuck View Post
    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
    “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

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •