As you were, for now.

[Paralytic]

Client won't have any "facts", as they would have deleted them and been compliant with GDPR Article 17.

Contractor won't have any "facts", as they would have conveniently forgotten about them.

Do you realise that deleting evidence of something (though I'm not convinced that a GDPR request could enforce a client to do that) does not mean that thing did not happen?

As I said, its about understanding risk. I appreciate, at this time in particular, individuals may choose to accept that risk, but let's not pretend it does not exist.

[northernladuk]

Do you realise that deleting evidence of something (though I'm not convinced that a GDPR request could enforce a client to do that) does not mean that thing did not happen?

As I said, its about understanding risk. I appreciate, at this time in particular, individuals may choose to accept that risk, but let's not pretend it does not exist.

+1

How do people still not understand GDPR in these days?

[SussexSeagull]

I think the opposite. They will desperately need as much money as they can get their hands on quickly and will double-down as soon as they possibly can.

We are going to spend the next 20-30 years paying for the package to stop the economy melting down. I suspect our concerns about the finer points of IR35 might be eclipsed by the bigger picture in a couple of years time.

No idea how it will turn out but the post virus settlement will be as historical as the post war consensus.

[darsa]

My client has also decided to do a u-turn and keep contractors working their OLC rather than a blanket ban and forced using PAYE, a small victory. I'm not too fussed about IR35, primarily because they decided to blanket ban initially to take no risks, there were no individual assessments. I've been someone that works from home full time in my own time and complete their projects on sprint basis.

[GhostofTarbera]

My client has also decided to do a u-turn and keep contractors working their OLC rather than a blanket ban and forced using PAYE, a small victory. I'm not too fussed about IR35, primarily because they decided to blanket ban initially to take no risks, there were no individual assessments. I've been someone that works from home full time in my own time and complete their projects on sprint basis.

So exactly what a permie would do ??


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[SussexSeagull]

Must be said that WFH must now have entirely disappeared as a defence against IR35?

[eek]

Must be said that WFH must now have entirely disappeared as a defence against IR35?

When (if ever) was that a defence..

[northernladuk]

When (if ever) was that a defence..

This. Permies have been able to work from home at their own pace for many years. Even using their own kit in some cases. Thinking that is a defense is typical permietractor stuff.

I was hoping this whole legislation would have got every contractor past that thinking by now.

[shinya]

I'm with this. Hard times need desperate measures but these measures are going to take decades to pay back. Gov is propping the country up in the short term but we will be propping the gov up for many more years to come. IMO there will be no going back to where we were 6 months ago for many years.

If you were working outside and have received an Inside SDS, what would be the best steps now? Continue the current contract as Inside IR35, close the Ltd company and hope they never look into it? If they do, pay the backtax and say you changed to Inside IR35 when you received the SDS? Otherwise if continuing Outside you are possibly negligent, am I correct? Other options will now be limited due to Covid-19, and it is an income...

[mondeoman]

If you were working outside and have received an Inside SDS, what would be the best steps now? Continue the current contract as Inside IR35, close the Ltd company and hope they never look into it? If they do, pay the backtax and say you changed to Inside IR35 when you received the SDS? Otherwise if continuing Outside you are possibly negligent, am I correct? Other options will now be limited due to Covid-19, and it is an income...

Pretty much that. If you do anything else, and get investigated, the client will not have your back (if they ever did in the past).

Its all down to whether you want to take the risk or not, or if you can show that you are outside by example of your working practices.

It may well be that a lot of pre-April 6 SDS's that have you inside, when you are contracting via a Ltd Co, get overturned when the client dumps you with no notice in the next couple of weeks, potentially putting you very clearly outside. Maybe.