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Client lied on CEST to get 'Inside' determination

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    #11
    Originally posted by HappyGoLucky View Post
    Myself and few fellow contractors recently had our 'you're inside, here are your options' letter from our common client.

    They used the CEST tool and sent us copies of the form. They have lied on some of the answers to get the determination they wanted. I can prove using both terms in my contract (including lack thereof in some cases) and evidence of working practices, that they have lied.

    Are they 'allowed' to purposely complete the form to twist the result?
    You are grasping at straws mate - what in real teams does not make you a permietractor?


    Sent from my iPhone using Contractor UK Forum

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      #12
      With all this possible appeals process going on, I do wonder what ClientCo will think about folks who dispute the SDS and kick off. Shirley, they will not take kindly to that ?
      We got the Oystons out like we said we would

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        #13
        Originally posted by Hertsseasider View Post
        With all this possible appeals process going on, I do wonder what ClientCo will think about folks who dispute the SDS and kick off. Shirley, they will not take kindly to that ?
        And ban all Limited company contractors - job done


        Sent from my iPhone using Contractor UK Forum

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          #14
          Originally posted by Hertsseasider View Post
          With all this possible appeals process going on, I do wonder what ClientCo will think about folks who dispute the SDS and kick off. Shirley, they will not take kindly to that ?
          Absolutely not. I got warned off chasing this in a public sector body I was at. Might be easier in a big company who just do process with faceless emails but you can see why they won't be overly pleased.

          I do think it is something to be used sparingly and carefully.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

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            #15
            They didn't "lie". You need to get that out of your head. It's a business negotiation. It's not personal. My client filled in loads of answers on my behalf, some of them wrongly. Sounds like your client has done the same thing.

            Here's what I did. Subject to a blanket assessment, from Myco's email account I sent them a formal letter on company headed notepaper stating that I was appealing their opinion and listing point-by-point where I agreed and where I thought they got it wrong. Totally factually and without emotion. Apparently I was the only person to do this in the whole parent company and because of that it's being looked at seriously. The result might be the same but you've got to push back. If you get an investigation and you've not appealed then the first question HMRC will ask is, "why not?".
            ...my quagmire of greed....my cesspit of laziness and unfairness....all I am doing is sticking two fingers up at nurses, doctors and other hard working employed professionals...

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