QDOS - TLC35 liability cover endorsement - makes cover worthless.

[CompoundOverload]

I think you missed the point a bit. If your circumstances change, the onus is on you to inform the insurer or risk invalidating your insurance. That's how it works with all insurances.

They accepted you for a policy based on what you told them. If that turns out to be incorrect, or the situation has changed and you never said anything, then they are well within their terms to cancel the policy or restrict payout.

If you have a RoS in your contract and you also have written an email to the person heading up the team, you were engaging with, who confirmed they would accept a RoS....but you and they have both subsequently left the client now, how does this fair in a retro- investigation, for the purposes of the insurance?

[northernladuk]

If you have a RoS in your contract and you also have written an email to the person heading up the team, you were engaging with, who confirmed they would accept a RoS....but you and they have both subsequently left the client now, how does this fair in a retro- investigation, for the purposes of the insurance?

But you have the evidence that it was acceptable when it was there surely?

[CompoundOverload]

But you have the evidence that it was acceptable when it was there surely?

Well I had it written in the contract that I signed and confirmation in writing from the head of the team confirming they would agree.

I never exercised as never needed to.

Not sure what other evidence I could have obtained?

[northernladuk]

Well I had it written in the contract that I signed and confirmation in writing from the head of the team confirming they would agree.

I never exercised as never needed to.

Not sure what other evidence I could have obtained?

None. Its there in writing and it's actually good they've left as they can't shaft you.

I would ask if the head of the team is really the person that has the authority to accept subs. Sometimes it's cna be a policy call or will involve other groups as a new person is coming to. Confirmation of arrangements are difficult as you have to nail down the authority that pleases the court.
That said you've got the paperwork and there is no one left to question so they'll accept it and move on

[CompoundOverload]

None. Its there in writing and it's actually good they've left as they can't shaft you.

I would ask if the head of the team is really the person that has the authority to accept subs. Sometimes it's cna be a policy call or will involve other groups as a new person is coming to. Confirmation of arrangements are difficult as you have to nail down the authority that pleases the court.
That said you've got the paperwork and there is no one left to question so they'll accept it and move on

Always helps if that person has moved on but it can be challenged i guess by the successor if they disagree but nothing can take away what is shown in black and white.

The current contract i have doesn't name an individual as such but it stated but following the guidance of an IR35 specialist who reviewed the contract a change in wording was made to suggest the supplier "my LTD" would provide a suitably qualified consultant of their choosing to replace me if the need ever arose. Client would only be able to reject if they did not possess skills/experience etc. But that would be obvious as I would not bring in any riff raff off the street!

[northernladuk]

Always helps if that person has moved on but it can be challenged i guess by the successor if they disagree but nothing can take away what is shown in black and white.

The current contract i have doesn't name an individual as such but it stated but following the guidance of an IR35 specialist who reviewed the contract a change in wording was made to suggest the supplier "my LTD" would provide a suitably qualified consultant of their choosing to replace me if the need ever arose. Client would only be able to reject if they did not possess skills/experience etc. But that would be obvious as I would not bring in any riff raff off the street!

Current being new one with SDS applied or current being the one you are on the hook for if you don't have an SDS yet?

[CompoundOverload]

Current being new one with SDS applied or current being the one you are on the hook for if you don't have an SDS yet?

Current one that I've self declared outside for who are in the process of doing SDS for me post April.

[northernladuk]

Current one that I've self declared outside for who are in the process of doing SDS for me post April.

Jesus. They are leaving it late!!

[CompoundOverload]

Jesus. They are leaving it late!!

Worryingly late! They reckon another week!

Gave them until next week otherwise bye bye.

[CompoundOverload]

Worryingly late! They reckon another week!

Gave them until next week otherwise bye bye.

So, I've been given an outside statement from the client - just a one liner confirming they have classified me as outside based on my working practices.

However, the agency have said they need to re-issue me with a new contract and that "I'm" supposed to get IR35 insurance (they don't already know I have this but any idea why they would request to me get this, when it's the agent and the client that are responsible for any tax that is due if they incorrectly assess me?