Stipulation on the work I am doing during my contract.

[rosshuts]

I think its a valid point in that I have been deemed outside IR35 but I have a strong feeling that I am not. Based on the BAU work and the fact that I am doing the work of a permanent person who has since left and authority is unable to replace due to many factors including salaries. The authority are conducting a review so they have agreed to hold off finding a replacement which also rides on reviews taking place higher up the corporate structure.

The responsibility lies with me from an IR35 point of view and of course the agency claim I have nothing to worry about but wouldn't expect them to say otherwise.

The fact that I am not really doing the work I signed up to do both legally and from a professional and personal point of view I thinking very hard about calling it a day.

Another issue that seems questionable to me is my notice period which is 1 month either side which is too much like a permanent contract. I would like the contract to be rewritten to reduce the notice to 1 week but the agency claim its there to protect the client from "contract hoppers" and also the contractor. I ran the contract through my accountant (Clever Accounts) for IR35 reasons and they said there was nothing wrong with a 4 week notice period for a contractor.

I have only ever contracted with this agency during my 4 years as an IT contractor and have only been subjected to a 1 month contract which is very odd.

[northernladuk]

Nothing wrong with a month really. Zero is better but I wouldnt worry about yours. They can just withdraw the work and stop paying you on the spot anyway so pretty irrelevant.

[TheCyclingProgrammer]

That's a good point and should have mentioned that. The contract is outside of IR35 which is something I am grateful for

Public authority, loosely defined scope. It doesn't sound like it is.

Having said that, I assume that if the LA has made the determination that it's outside IR35, it's nothing you have to worry about.

[WordIsBond]

The OP works for a local authority - public sector. So it’s not his/her responsibility to determine IR35 status. If the LA is treating him/her as a temp then surely that’s their problem and their potential penalties.

Exactly. The legal liability lies with the fee payer. That, I guess, is the agent who doesn't care about all this. OP should consider shopping himself to HMRC just to see the agent squirm.

I'd still be carrying my own diligence regardless. The results may also go towards sorting his situation out if it raises questions between their decision and the reality.

Yes, but he HAS. He got a contract review.

Honestly, he's immune on this one. For him to have trouble he'd have to be found to have been intentionally blowing off IR35 knowing he was inside. How can they prove that he knew or should have known he was inside, if he has a contract review saying he's outside AND the LA has said he's outside?

This is not the BBC telling someone they should be ok. This is a case of the legislation putting the liability on the fee-payer.

OP, you said "the responsibility lies with me". Actually, it doesn't, not anymore.

I'm not advocating you stay. In your place, I'd probably be looking for another contract, but unless you have deep pockets, I probably wouldn't jump until I had something in place. If your contract allows you to send in a substitute, you're in good shape once you find a new one. Just give notice and tell them you'll be sending in a substitute to work out the notice.

But IR35 is not part of the problem unless/until they make a different determination. Your contract says you are ok and you've had it reviewed, they've said you are ok, and the legislation puts the liability elsewhere. If you hate the situation, move on. But not because of IR35.

[rosshuts]

That's great thanks for all your help. As much as I would like to stay in hope that the Citrix project work will come through I just can't see it happening anytime soon. Had the client actually been upfront with me in the first place for the renewal and stated there would be other tasks required until the Citrix work properly starts it wouldn't have been so bad.

Seems crazy that I would move on with a 7 month renewal in place but worried that at the end of the entire contract (started in Jan 2017) that I won't have anything decent to show for it from a skills point of view and would be concerned about where to come for my next contract.

Clearly the client won't get about that side of things as that is purely my own issue and basically either suck it up and stay or move on to something that could be bigger and better!

Thanks again!