Hi All
Hoping for some advice. Getting really frustrated with a Hays recruiter who IMO doesn't know what he's talking about.
I am running as a Ltd Company.
The client is a charity, completely independent of the government, so not a museum, school, college, uni etc.
Hays have a standard contract for contractors, and one they haven't modified since before 6th April. It makes mention of 10am notification if I'm not going to be in and other little bits and pieces that QDOS says needs exception clauses in the Schedule. I had a contract with Hays in Feb 2017, for a public sector company. They were happy to add some clauses in to make it more IR35 friendly.
Now I've got another role with hays, an independent charity, and Hays are still using the same contract. So I asked for the same clauses. The recruiter comes out with all sorts; that charities and not-for-profits are EXEMPT from IR35, that the charity has confirmed the the role is outside IR35 (even though liability falls on me, not the client), that if HMRC do an audit liability will be on the client not me (BS!), that 2 of their contractors were audited and came clean (BS!).
My understanding was you've got 2 groups; public sector and government affiliated charities (schools, museums) and then private sector + independent charities.
I'm 110% that in the private+independent charities, liability falls on me, and HMRC don't give a rat's arse what the recruiter or client says about the status of IR35; it's purely down to contract and the conditions of work (i.e. substitution, lack of control, mutuality of exclusion etc)
Can someone who's worked with Hays post April 2017 confirm if other that recruiters are peddling the same BS or is it just this guy?
Hoping for some advice. Getting really frustrated with a Hays recruiter who IMO doesn't know what he's talking about.
I am running as a Ltd Company.
The client is a charity, completely independent of the government, so not a museum, school, college, uni etc.
Hays have a standard contract for contractors, and one they haven't modified since before 6th April. It makes mention of 10am notification if I'm not going to be in and other little bits and pieces that QDOS says needs exception clauses in the Schedule. I had a contract with Hays in Feb 2017, for a public sector company. They were happy to add some clauses in to make it more IR35 friendly.
Now I've got another role with hays, an independent charity, and Hays are still using the same contract. So I asked for the same clauses. The recruiter comes out with all sorts; that charities and not-for-profits are EXEMPT from IR35, that the charity has confirmed the the role is outside IR35 (even though liability falls on me, not the client), that if HMRC do an audit liability will be on the client not me (BS!), that 2 of their contractors were audited and came clean (BS!).
My understanding was you've got 2 groups; public sector and government affiliated charities (schools, museums) and then private sector + independent charities.
I'm 110% that in the private+independent charities, liability falls on me, and HMRC don't give a rat's arse what the recruiter or client says about the status of IR35; it's purely down to contract and the conditions of work (i.e. substitution, lack of control, mutuality of exclusion etc)
Can someone who's worked with Hays post April 2017 confirm if other that recruiters are peddling the same BS or is it just this guy?
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