Originally posted by Freud
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CEST Substitution question wording
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"Being nice costs nothing and sometimes gets you extra bacon" - Pondlife. -
Originally posted by ladymuck View PostThe words are only as good as the actual environment you're working in. Once you know the environment, you can then make sure the words match.
You can pass the CEST test even when saying the client can reject a suitably qualified replacement.Comment
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Originally posted by rootsnall View PostI think it's perfectly reasonable to assume that a client would accept a suitably qualified replacement if you told them you were leaving and there was still work to do. Have HMRC successfully argued the opposite to be true in tribunals ?
You can pass the CEST test even when saying the client can reject a suitably qualified replacement.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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I am not sure that my question has been answered.
What is the correct answer when using the CEST tool ?
"Does the Hirer have the right to reject a substitute?"
HMRC guidance suggests the answer is No but the additional info on the Cest tool would suggest Yes ?Comment
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Originally posted by Freud View PostI am not sure that my question has been answered.
What is the correct answer when using the CEST tool ?
"Does the Hirer have the right to reject a substitute?"
HMRC guidance suggests the answer is No but the additional info on the Cest tool would suggest Yes ?merely at clientco for the entertainmentComment
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Originally posted by Freud View PostMaybe some one can advise on this:
1. HMRC Guidance
The HMRC guidance says:
"Where the hirer can only reject a substitute upon grounds that they are not qualified to perform the work, this would fall within the ‘No’ category for CEST"
2. The CEST tool
The wording for the Substitution question in CEST says:
"Does the Hirer have the right to reject a substitute?
This can include rejecting a substitute even if they are equally qualified, and meet the Hirer's interviewing, vetting and security clearance procedures."
Are the two not contradictory and if so, which takes precedence ?
Given the wording in the CEST tool, unless you have unfettered rights to provide a substitute, which in a professional environment is highly unlikely, how can you ever answer that 'No, the Hirer does not have teh right to reject' ?Comment
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Originally posted by Rafd View PostThis was the question I was asking in the original post - to me the wording of the CEST is intentionally unclear.Comment
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Originally posted by WordIsBond View PostYou used the wrong adverb, I've fixed it for you. The guidance shows they know what the legal situation is. The CEST wordingwillintentionally leads the unwary (and many clients will be unwary) to enter the wrong thing.merely at clientco for the entertainmentComment
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