Qdos tlc35

[RasputinDude]

I'm looking at the QDOS TLC35 stuff. Has anyone had to claim on this and if so how helpful were they or is the policy so heavily caveated that makes it hard to claim or get support from them?

I'm happy to have replies by PM if you don't want to post on here.

Thanks

[Maslins]

None of our clients have had to use it, but FWIW, QDOS said to me they were looking forward to the day they LOST a case covered by their TLC35 policy. Reason being they believed the financial cost of paying out would be dwarfed by the benefit of reduction in cynicism/additional take up.

I believe that, as it wouldn't be in their long term interest to squirm out of paying based on some technicality.

[Alan @ BroomeAffinity]

My understanding is, that the qualifying criteria are so high, that the chances of those who get accepted onto cover ever having to claim are vanishingly small.

[jamesbrown]

Agree with Maslins, it would kill their business to avoid paying out (although I also expect they'd also want to minimize any legal costs in pursuing a weak or borderline case and probably wouldn't pursue the legal proceedings as far as IPSE, for example).

[jamesbrown]

My understanding is, that the qualifying criteria are so high, that the chances of those who get accepted onto cover ever having to claim are vanishingly small.

I think they used to require a full contract review prior to being covered, but they don't require this anymore (I could be wrong), presumably due to the large number of people covered versus small number of cases pursued.

[Qdos Contractor]

The qualifying criteria is far from high. There are just six statements that you confirm are accurate to the best of your knowledge. Naturally very little is black and white with IR35 - particularly with issues like substitution - so it's just a very basic check that the contractor is in a reasonable position to start with.

It's insurance, so I fully understand the 'wriggling out of paying' type questions, but as others have said it would be massively damaging to us if we started doing that. First and foremost we are a consultancy firm; the insurance just backs up the expertise of our consultants who are genuinely keen to take on new IR35 cases.

[RasputinDude]

Thanks Qdos. I shall be in touch :-)

[GrumpyContractor]

FWIW: The QDOS acceptance criteria are based solely on working practises. Written contracts are not considered. Having said that, as part of the TLC35 policy, you are permitted to have your contracts reviewed for free so...

[Alan @ BroomeAffinity]

The qualifying criteria is far from high. There are just six statements that you confirm are accurate to the best of your knowledge. Naturally very little is black and white with IR35 - particularly with issues like substitution - so it's just a very basic check that the contractor is in a reasonable position to start with.

Sorry, I wasn't clear in what I meant to say. But, is it not the case that those 6 questions which you need to answer will put you firmly OUTSIDE IR35? And you will only get cover if that's the case? In which case why bother with the insurance for the tax and penalties? Surely the Total Defence cover would be enough?

[TheFaQQer]

Sorry, I wasn't clear in what I meant to say. But, is it not the case that those 6 questions which you need to answer will put you firmly OUTSIDE IR35? And you will only get cover if that's the case? In which case why bother with the insurance for the tax and penalties? Surely the Total Defence cover would be enough?

To the best of my knowledge, I'm outside IR35. If there was an investigation, I'm pretty confident that I'd win.

But, for that nagging doubt that says I might still lose and get hit with penalties, it's worth it for the peace of mind. Plus, if they are just on the hook for the investigation costs, there's nothing to prevent them from saying "oh yes, you'll lose so pay up" and walking away. Not that I think Qdos would necessarily do that, but if they have to pay the penalties you know they are going to fight that bit harder to keep you from losing