I've been lurking around the forums for a long time but never felt the need to post anything. However I thought it would be good to share the experience I've had with the PS client I'm currently at in terms of the legislation changes.
My current situation is I am contracting at a Public Sector Body via a CL1 contract, this contract ends on 1st April but I have an extension on the table until 30th September but have yet to sign this until they clarified my IR35 status. I was in the lucky position in that I confirmed (with my own eyes) with the PS body that the contract my company signed had the same terms and conditions that the call off contract between themselves and Capita. These terms specifically mentioned no MoO, no SDC, RoS clause etc etc. All this along with working practices signed off by the PS body were assessed by Qdos and deemed to be outisde IR35.
In January I found myself in a position where ideally I would need to provide a substitute for a few days. I approached the PS client regarding this expecting them to refuse but to my surprise they were actually very open to the idea. After some discussions I got the relevant written approvals to authorize the substitution and the PS client didn't need to interview them prior to them arriving on site. The substitute later attended site, carried out the service I would usually do to a level acceptable to the PS client and were paid via my company.
Roll on a month to February and the PS clients Finance and Commercial Team's informed all contractors on site that they have made some decisions regarding everyone's IR35 status, they based these decisions on the framework the contractor was provided through. Their decision was that all contractors provided via GCloud and DOS are outside IR35 and all contractors provided via Capita CL1 are inside IR35, regardless of the actual working practices of each individual. I attempted to fight this decision with some help of the relevant people at the PS client, the Agency supplying me and Capita themselves however they wouldn't budge. When the ESS tool was released they agreed to run what they believed to be my working practices through the tool which of course gave an outside decision as soon as they answered the RoS questions, they weren't very happy about this!
Despite the clear evidence available to them they informed me today that they will not be changing their minds and that they will be informing Capita/Agency that I am inside IR35, my response was obviously to not accept the extension and I've already ensured that any payments due to my company will be maid prior to 6th April.
Needless to say the whole process has been pretty frustrating, and I'm now in a position where I have to leave a client in the middle of a deliverable piece of work for which they do not have the relevant in house skills, which is not a position I'm entirely comfortable with.