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    Default Big agencies with no clue re IR35

    I just had a call from a consultant at one of the very big agents, looking for someone to work onsite at the MoD. I mentioned the public sector IR35 reforms and the agent said, "We have loads of people on site and none have been caught so far, and anyway, you'd be working for a consultancy, not the MoD directly."

    I suspect this could very messy indeed soon....
    And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.

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    I live on CUK

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    I think this in the wrong part of the forum.

    However it's been discussed that many agents don't have a clue or reply with it's coming to the private sector.
    "You’re just a bad memory who doesn’t know when to go away" JR

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    I think your premise is not necessarily correct.

    Playing dumb is part of their game.

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    Quote Originally Posted by jmo21 View Post
    I think your premise is not necessarily correct.

    Playing dumb is part of their game.
    +1 Every agent whose spoken to me about a PS role recently has told me that the new rules wont apply to THEIR role for various reasons. They want to get you in and once you've signed and the landscape changes are banking on you just rolling over and accepting it.
    Last edited by SlipTheJab; 24th February 2017 at 10:56.

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    Contractor Among Contractors

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    ...but can they just start taking tax at source without a change in the contract, or are you assuming that they'll just force one on your or you can quit?
    And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.

  6. #6
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    Quote Originally Posted by b0redom View Post
    ...but can they just start taking tax at source without a change in the contract, or are you assuming that they'll just force one on your or you can quit?
    It depends on what the terms of your contract states. I do however suspect some agencies will try and push the point even if the contract doesn't give them the explicit right to do so...
    merely at clientco for the entertainment

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    Quote Originally Posted by b0redom View Post
    ...but can they just start taking tax at source without a change in the contract, or are you assuming that they'll just force one on your or you can quit?
    Depends on the contractual clauses, but I don't think they'd be doing this for the notice period. They'd be banking on inertia, even with a contract change. However, there's going to be a spectrum from clueless agents to well-informed ones, and all agents will spin on-the-fly, regardless of how much they know.

  8. #8

    Should post faster


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    Quote Originally Posted by b0redom View Post
    ...but can they just start taking tax at source without a change in the contract
    Unfortunately yes. Your contract will state a rate due to your business but the legislation describes how this is to be taxed. If you apply for a permie role on £50,000 you can't complain that you don't get the whole £50k.

    I suppose that you could insist on a clause that says "Day rate due after any and all legal deductions including taxes: £xxx".

    Good luck with that; it would be interesting to see the fallout if anyone was able to slip this in somewhere

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    Quote Originally Posted by breaktwister View Post
    "Day rate due after any and all legal deductions including taxes: £xxx".
    Could shorten to "Rate due after lawful deductions: £xxx".

    But be prepared for the contract to be cancelled when you insist on proper payment.

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    Quote Originally Posted by breaktwister View Post
    Unfortunately yes. Your contract will state a rate due to your business but the legislation describes how this is to be taxed. If you apply for a permie role on £50,000 you can't complain that you don't get the whole £50k.

    I suppose that you could insist on a clause that says "Day rate due after any and all legal deductions including taxes: £xxx".

    Good luck with that; it would be interesting to see the fallout if anyone was able to slip this in somewhere
    Wrong - Just plain inaccurate and WRONG.

    give me strength....
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