Public Sector - Project Consulting - Outside IR35 Query - Help!

**northernladuk** · 28 July 2019, 23:45

Is it the same role as you were in previously? You just changing from PAYE to Ltd or is it a completely different role. Very important you clarify this for us.

I wouldn't be taking the Programme Managers word on it. They should be making a determination using CEST and or their knowledge of IR35 and the role and passing this to Hays who pass it on to you. I don't think, just looking at your post, the PM is in the right position to be dictating status.

You should really be speaking to Hays though as they are the only people you have a contractual relationship with. Get them to go to the right person in the organisation to get you a proper determination and get it back to you in writing. If they do that and it comes back outside then you are golden.

And it is advice you are looking for, not advise

**mudskipper** · 29 July 2019, 07:47

Originally posted by parmsuk73 View Post

Hi,

Currently have a contract with Public Sector (department of health) through Hays and was PAYE. Now moving onto a daily rate with a new contract (previous hourly) and seeking guidance on IR35 as I am looking to setup a limited company.

Speaking to the programme manager of the project he has advised that I am out of IR35 due to nature of my role. However, I am unsure if this is sufficient enough or do I need to have anything else in terms of paperwork etc to confirm this and if so what should this be?

Looking for some advise....so confused!

Thanks in advance.

For public sector roles, the client assesses IR35 status. Your programme manager may know the result of that assessment, but as NLUK says, it is essential that you get this in writing via your agency.

However, the alarm bells are ringing a little here - who instigated the move from PAYE to a daily rate contract? Has the rate increased significantly to allow for the fact that you no longer get employment protections, holiday pay, sick pay, etc? Make sure you are happy with the deal you are being offered, and are not being taken for a ride. Is contracting something you want to do, or are you being pushed into it?

**GhostofTarbera** · 29 July 2019, 12:37

Originally posted by mudskipper View Post

For public sector roles, the client assesses IR35 status. Your programme manager may know the result of that assessment, but as NLUK says, it is essential that you get this in writing via your agency.

However, the alarm bells are ringing a little here - who instigated the move from PAYE to a daily rate contract? Has the rate increased significantly to allow for the fact that you no longer get employment protections, holiday pay, sick pay, etc? Make sure you are happy with the deal you are being offered, and are not being taken for a ride. Is contracting something you want to do, or are you being pushed into it?

Surly classic Friday to Monday case

You can’t be going PAYE to Limited Co and expect to be outside in same role

Sent from my iPhone using Contractor UK Forum

**mudskipper** · 30 July 2019, 09:15

Originally posted by GhostofTarbera View Post

Surly classic Friday to Monday case

You can’t be going PAYE to Limited Co and expect to be outside in same role

Sent from my iPhone using Contractor UK Forum

Would generally agree, but AIUI this was agency PAYE rather then employee of client. Not the OP's problem anyway if public sector - it is for them to determine the role's status, and be liable for getting it wrong.

**Lance** · 30 July 2019, 11:19

Originally posted by mudskipper View Post

Would generally agree, but AIUI this was agency PAYE rather then employee of client. Not the OP's problem anyway if public sector - it is for them to determine the role's status, and be liable for getting it wrong.

Yep.

I think that being PAYE is not by defintion an employee. So Friday to Monday is not applicable IMO.
But yes, it's the client's problem anyway.

Public Sector - Project Consulting - Outside IR35 Query - Help!