Untested RoS - what should I do ? Untested RoS - what should I do ?
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  1. #1

    Nervous Newbie


    Join Date
    Jul 2020
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    Default Untested RoS - what should I do ?

    Hi All,

    I have tried to look for an answer for this but just went down the rabbit hole so posting it on here.

    I am with a non-UK( EU ) client since 2016. The agency involved is a UK agency but I get paid in foreign currency. The end client does not deal with contracts directly so they too have an agency in between that is again non-UK.

    So End client( non-UK ) --> Agency A(non-UK)--> Agency B ( UK Based )--->my Ltd co ( me ) UK based.

    I have TLC35 with QDOS since few years but lately I have been thinking about this posts I am reading where QDOS may refuse your case if they think there is no chance of winning.

    My RoS is untested and I am not sure if I should approach the manager and ask him to confirm they will honor it if it comes to that ? Or should I leave it as it is.

    My understanding is if there was an enquiry Qdos and/or HMRC will approach my manager/client and if they refuse the RoS then Qdos will refuse my case, in which case there is no point of even having the insurance.

    So my dilemma is do I find out what is underneath the carpet ? or should I let it be ?

    If I do approach my manager, what is the best way of confirming RoS without going full SDS ? They are not aware of legislations here and I dont want to spook them.

    Regards

    testing testing

  2. #2

    Some things in Moderation

    cojak's Avatar
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    Personally I would let sleeping dogs lie. If the end client is not UK based they won't be affected by IR35.
    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
    - Voltaire/Benjamin Franklin/Anne Frank...

  3. #3

    Default

    Quote Originally Posted by testingmic View Post
    Hi All,

    I have tried to look for an answer for this but just went down the rabbit hole so posting it on here.

    I am with a non-UK( EU ) client since 2016. The agency involved is a UK agency but I get paid in foreign currency. The end client does not deal with contracts directly so they too have an agency in between that is again non-UK.

    So End client( non-UK ) --> Agency A(non-UK)--> Agency B ( UK Based )--->my Ltd co ( me ) UK based.

    I have TLC35 with QDOS since few years but lately I have been thinking about this posts I am reading where QDOS may refuse your case if they think there is no chance of winning.

    My RoS is untested and I am not sure if I should approach the manager and ask him to confirm they will honor it if it comes to that ? Or should I leave it as it is.

    My understanding is if there was an enquiry Qdos and/or HMRC will approach my manager/client and if they refuse the RoS then Qdos will refuse my case, in which case there is no point of even having the insurance.

    So my dilemma is do I find out what is underneath the carpet ? or should I let it be ?

    If I do approach my manager, what is the best way of confirming RoS without going full SDS ? They are not aware of legislations here and I dont want to spook them.

    Regards

    testing testing
    Remove your tinfoil hat and do nothing would be my advice

    You manager (and client co) will be unaware you have a right of substitution and just laugh at the idea as it’s not in the agent - client contract





    Sent from my iPhone using Contractor UK Forum

  4. #4

    Nervous Newbie


    Join Date
    Jul 2020
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    3

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    Thanks for your replies Cojak and Got.

    I go through this research every year about IPSE+ or Qdos or both and every year I find myself facing this dilemma.

    Its only recently I read this posts about QDos not taking on clients case if they dont think they will win and I found that strange. So I thought may be clear it out up front since the RoS is untested.

    Like you said Got the client is based in Sweden and might not know the clauses in my contract. 10 more days till the Ipse+ subscription expires.

  5. #5

    My post count is Majestic

    northernladuk's Avatar
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    Mar 2009
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    Never ask about the RoS if you don't need to. It is very likely they'll say no and you've just blown your own IR35 status and your insurance could be invalid as something has changed that wasn't there when you took the insurance out.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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