+ Reply to Thread
Posts 1 to 9 of 9
  1. #1

    Nervous Newbie


    Join Date
    Apr 2017
    Posts
    6
    Thanks (Given)
    0
    Thanks (Received)
    1
    Likes (Given)
    0
    Likes (Received)
    3

    Default Same Role, classed inside for one PS and outside for another

    Hi all
    So not sure if anyone else has encountered this:

    I am currently working as a Project Manager (for a specific rollout) for an NHS Trust and the Trust has deemed me inside of IR35.
    I recently got a call for another role, as PM (for the exact same rollout) for another NHS Trust however they have classed the role as outside IR35.
    And then a call from another PS for a PM and again classing it as outside IR35.

    I find it interesting that the same role can be classed as both inside and outside depending on the PS you work for. I would have thought it would make sense to be consistent across the PS.
    Do you think its worth using this as support to question why the trust I currently work for have classed it inside when others have classed it outside? Does this give me some sort of grounds to question the decision?

    Regards
    W

  2. #2

    Still gathering requirements...

    Neil@Intouch's Avatar
    Join Date
    Dec 2016
    Location
    Bournemouth
    Posts
    52
    Thanks (Given)
    0
    Thanks (Received)
    2
    Likes (Given)
    6
    Likes (Received)
    8

    Default

    It certainly would. I would also look to complete HMRC's employment status tool to see where that puts you and use this:

    https://www.tax.service.gov.uk/check...-for-tax/setup

  3. #3

    Still gathering requirements...


    Join Date
    Jun 2011
    Posts
    20
    Thanks (Given)
    0
    Thanks (Received)
    0
    Likes (Given)
    0
    Likes (Received)
    3

    Default

    Its pretty much up to the discretion of the PS to decide in or out. Some PS managers are less risk adverse than others.

  4. #4

    Nervous Newbie


    Join Date
    Apr 2017
    Posts
    6
    Thanks (Given)
    0
    Thanks (Received)
    1
    Likes (Given)
    0
    Likes (Received)
    3

    Default

    Quote Originally Posted by Neil@Intouch View Post
    It certainly would. I would also look to complete HMRC's employment status tool to see where that puts you and use this:

    https://www.tax.service.gov.uk/check...-for-tax/setup
    I sat down with my manager and did this.
    Based on what my manager thought the scope of my role/responsibilities etc are it came back as being inside IR35.
    I would love to know what the other NHS trust have answered or how they have assessed the role to claim it is outside...alas hopes and dreams!

  5. #5

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    31,243
    Thanks (Given)
    124
    Thanks (Received)
    1030
    Likes (Given)
    1535
    Likes (Received)
    5141

    Default

    Sat down with who?
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  6. #6

    TripleIronDad

    BrilloPad's Avatar
    Join Date
    Aug 2006
    Posts
    89,523
    Thanks (Given)
    13309
    Thanks (Received)
    2866
    Likes (Given)
    13309
    Likes (Received)
    5820

    Default

    HMRC can do what they want, when they want. Unless you have big pockets, or a lot of people in the same boat, you will have to suck it up.
    What is the difference between ignorance and indifference? Don't know and don't care.

  7. #7

    Contractor Among Contractors


    Join Date
    Apr 2015
    Posts
    1,244
    Thanks (Given)
    54
    Thanks (Received)
    95
    Likes (Given)
    707
    Likes (Received)
    582

    Default

    Maybe the other NHS Trusts are willing to accept substitution, and that's why it is outside.

  8. #8

    More time posting than coding


    Join Date
    May 2009
    Posts
    481
    Thanks (Given)
    0
    Thanks (Received)
    15
    Likes (Given)
    0
    Likes (Received)
    139

    Default

    Quote Originally Posted by northernladuk View Post
    Sat down with who?
    ha ha ha ha - some people just don't get it do they?

  9. #9

    Faqqed Off

    TheFaQQer's Avatar
    Join Date
    Oct 2006
    Posts
    35,273
    Thanks (Given)
    349
    Thanks (Received)
    1140
    Likes (Given)
    3384
    Likes (Received)
    2829

    Default

    If the working practices are different between the trusts then that would explain the difference between the assessments - you may be allowed to substitute at one but not the other, one may have much more supervision, direction and control over you than the other, etc.

    If the trust has assessed you as being outside then keep that written copy of the assessment and take that role.
    Best Forum Advisor, 2014
    Work in the public sector? You can read my FAQ here
    Click here to get 15% off your first year's IPSE membership

+ Reply to Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts

Content Relevant URLs by vBSEO 3.6.0 ©2011, Crawlability, Inc.