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    Default Legal battle to quash IR35 reforms - legal_challenge_funding_campaign

    Last edited by Contractor UK; 12th June 2017 at 15:37.

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    Erm,

    Not sure if we are allowed to discuss the situation here but I'm confused. In the first link it says..

    The bid to crowdfund a court battle against the April framework follows a victory for locums who threatened the NHS with a judicial review over its ban on PSCs, due to the changes.
    Read the link that is provided there is a paragraph that says..

    NHS Improvement has today conceded to every substantive point made by the Locum Doctors Union. The new guidance specifically provides that NHS Providers may contract with locum doctors, nurses and allied Healthcare workers via personal service companies. NHSI have also clarified the importance of consulting with individual locum doctors, nurses and allied Healthcare workers, on a case-by-case basis, and of taking account of any representations they may wish to make.
    So they've overturned the blanket ban on PSC's but they still have to look at it case by case.

    Isn't that more or less what is happening now? More outside roles starting to appear?

    What EXACTLY is he going to be fighting for?
    Last edited by northernladuk; 12th June 2017 at 16:49.
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    Quote Originally Posted by northernladuk View Post
    Erm,

    Not sure if we are allowed to discuss the situation here but I'm confused. In the first link it says..



    Read the link that is provided there is a paragraph that says..



    So they've overturned the blanket ban on PSC's but they still have to look at it case by case.

    Isn't that more or less what is happening now? More outside roles starting to appear?

    What EXACTLY is he going to be fighting for?
    QC has found someone willing to try and get in the 150,000 he charged for a hopeless case.

    Try and find his LinkedIn article I found 4 flaws and 1 contradiction without even thinking about it.
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    It's not going to be repealed, HMT are convinced it has a real deterrent effect. Even if you can get it properly applied, you're still back to the status quo.

    We have better things to worry about tbh.
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    Quote Originally Posted by Contractor UK View Post

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    Will the person who contributes the most become CUK poster of the year? Or rep? Or any other CUK benefits?
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    Quote Originally Posted by BrilloPad View Post
    Will the person who contributes the most become CUK poster of the year? Or rep? Or any other CUK benefits?
    Seems less attractive to me these days...

    Whatever happened to DodgyAgent

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    Quote Originally Posted by northernladuk View Post
    So they've overturned the blanket ban on PSC's but they still have to look at it case by case.
    It would be interesting to have statistics on how many locum doctors are found to be inside / outside based on an accurate assessment of contract and working practices, possibly even split by NHS Trust to see whether some are going one way more than the others.

    Kate Cottrell made her expert view known a couple of years ago, so it would be interesting to see what PSBs are ignoring that opinion and taking on the risk of locums being wrongly assessed.
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    The NHS are still making blanket decisions despite the NHSI telling them not to. For instance, I know a nurse who asked the bank office at the local hospital what they were doing about individual assessments. The reply was "All band 5 agency nurses are inside IR35, all locum doctors outside."

    I don't know of one agency nurse that has been individually assessed.

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    Quote Originally Posted by chrisw70 View Post
    The NHS are still making blanket decisions despite the NHSI telling them not to. For instance, I know a nurse who asked the bank office at the local hospital what they were doing about individual assessments. The reply was "All band 5 agency nurses are inside IR35, all locum doctors outside."

    I don't know of one agency nurse that has been individually assessed.
    Not knowing what a band 5 nurse is - its possible that they do come under supervision or direction and are therefore inside IR35 by default....
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