Oil and gas sector - IR35

[eazy]

Aker

Heard Aker are telling their contractors that they will be outside, at least at the Reading office.

Aker have completed the role reviews with Qdos, majority are coming back as outside. These role reviews are being linked to individual assessments based on Qdos questionnaire, individual assessments have not been completed as yet. SDS to follow once individual assessments have been carried out.

[dsc]

Aker have completed the role reviews with Qdos, majority are coming back as outside. These role reviews are being linked to individual assessments based on Qdos questionnaire, individual assessments have not been completed as yet. SDS to follow once individual assessments have been carried out.

Do you know how many contractors they have? heard from someone who used to work at their Reading office that it was packed to the brim with contractors a few years ago (I actually wanted to get in somehow, but I think they are now done with taking new contractors on).

[eazy]

Aker Contractors

From What I have heard, ~550 contractors, mainly through NES

[dsc]

Christ, they are either brave or everyone was operating correctly outside IR35

[eek]

Christ, they are either brave or everyone was operating correctly outside IR35

My immediate reaction to eazy's post was that they will be first against the wall when HMRC find out...

Aker Contractors are a brave firm by the looks of it but one I admire..

[jamesbrown]

From What I have heard, ~550 contractors, mainly through NES

Wow. Agree with others - that's a brave shout (but very possibly the correct one too) if the majority are deemed outside.

[eazy]

Aker's position on :

- Control
"Contractors are expected to use their own autonomy & discretion as to how they complete allocated work scopes. They will be allocated a work scope to complete with information provided as to what is required and the required timeline to complete the work. It is then up to the contractor to use their own knowledge, skills, experience & judgement as to how best to complete that work to the required standard in the time available without further instruction."

- No MOO, no fixed or guaranteed hours even within current projects

- No RoS (?)

- Majority of the other factors are in contractors favour.

[eazy]

BP

BP email

"With effect from 06 April 2020, the IR35 Rules are being amended. In light of these changes, BP has undertaken a review of its supplier contracts to determine the impact the changes will have on these arrangements. The result of this review is that, with effect of 1 April 2020, where BP is the “client” BP will only accept the assignment of individual workers in circumstances where such individual is paid subject to deductions of income tax and national insurance contributions under PAYE by you, or through a Freelancer and Contractor Services Association (FCSA) approved umbrella company."

There are 3 type of Ltd Company contractors working on BP workscopes :
1. Based at BP offices working through agencies
2. Based at BP offices working through 3rd party service suppliers / engineering companies
3. Based at 3rd party service suppliers / engineering company offices

From what I have heard from contractors based at BP, the above applies definitely to 1 & 2, not sure if this applies to 3.

[ShandyDrinker]

Aker's position on :

- Control
"Contractors are expected to use their own autonomy & discretion as to how they complete allocated work scopes. They will be allocated a work scope to complete with information provided as to what is required and the required timeline to complete the work. It is then up to the contractor to use their own knowledge, skills, experience & judgement as to how best to complete that work to the required standard in the time available without further instruction."

- No MOO, no fixed or guaranteed hours even within current projects

- No RoS (?)

- Majority of the other factors are in contractors favour.

How refreshing, particularly on the control part - how many other companies could do this? The no RoS is not great though.

[simes]

How refreshing, particularly on the control part - how many other companies could do this? The no RoS is not great though.

Am I right in saying though that just one of the three pillars is enough to get an Outside determination?

That said, the CEST tool now does allow for the 'Sub to be suggested, but that the client has the right to reject'. And this still gets one a pass (the other answers notwithstanding). Surely it wouldn't be too much trouble to alter the wording on that part to close that element down too?