I have a client that supplies services to various NHS trusts. I have used the new HMRC tool to assess the position and it states that IR35 does not apply. I have also had advice on the contract as being outwith IR35 - thought everything was good. Some NHS trusts are fine with what has been done so far but 2 trusts are insisting that client is within IR35 on the basis of their own assessment - this appears to revolve round the office holder wording and the trust interpretation of what the worker is doing being equivalent to existing NHS staff. Client has spoken to senior NHS staff but with no luck - any suggestions on how to "persuade" the trusts to accept the HMRC determination backed by the advice on the contract terms?
Thanks in advance