Agency nurse

[chrisw70]

My wife works at the local NHS hospital and gets her work through an agency. We operate as a ltd company so currently get paid without any deductions.

She does not have a contract with either the hospital or the agency. The agency doesn't have to supply her with work and she does not have to go to a shift if she can't or doesn't want to. On 2 shifts this week she has been in charge of the ward which was staffed entirely by agency nurses.

We've had numerous emails from different agencies saying that it looks like all nurses will be called inside IR35. However, none of the examples on this are the same as what she is currently working:

https://www.gov.uk/government/public...ng-rules-apply

The example above is the closest of all but she does not worked a fixed shift pattern doesn't get free parking.

I appreciate that at the moment no-one can give us a concrete answer as to whether she will be inside or outside of IR35 but with no contract and no obligation from either party I am thinking she may be outside. Not that that may make any difference to the hospitals decision!

I am just interested to hear other peoples views on this situation which is the same way a lot of agency nurses are working.

[RonBW]

Get the agency to complete the assessment tool from HRMC. Get your wife to do it as well. See whether they get the same results and discuss from there what to do based on HMRC's assessment of her work in the public sector.

[malvolio]

Considering most hospital work is done by qualified and registered people under a set of rigid protocols and quality standards within a set management tree, you may have a problem using Direction and Control as an escape. Mutuality may work but the tool doesn't seem to do much with that and again it may prove difficult in that line of work (you can't drop off mid-shift for example). You're best option is Substitution but I can see issues there.

As RonBW says, use the tool with the client and see what comes out, an if favourable then keep the evidence. But good luck...

[eek]

As well as the above can I refer you to the following letter that was published earlier this week http://jmp.sh/v/Et8z2DADOzCYGTJDFmHo

[northernladuk]

Would this be similar to locums or social workers who are considered to be inside already?
According to a number of articles anyway....

[chrisw70]

We're already looking at ditching the NHS and going direct to private clients. You might not see many nurses around in hospitals after 6th April judging by the reliance they have on agency ones.