AMS and GIANT getting involved in what I thought looked like a legit inside IR35 job

[jayphil]

I got a call today about a Government role. We talk & all seems good. I have all the right experience (should hope so as i used to do this exact same job before for same dept, different location)

I then get an email asking me to "just answer some basic Y/N questions". I've paraphrased them below:


1. Confirmation that you provide your consent for AMS to represent you, and that you are willing to supply Services to the Client. YES / NO (delete as applicable).

2. Confirmation of whether you wish to opt-out of the Conduct Regulations. YES / NO (delete as applicable).

3. Please confirm your understanding that, should your application be successful, AMS operate 30 day payment terms. YES / NO (delete as applicable).

4. In applying for this role you acknowledge the following; this role falls in scope of the Off Payroll Working in the Public Sector legislation, and has been assessed as being caught by IR35. Any rates of payment quoted will reflect the gross rate per day, and will be subject to appropriate taxes, statutory costs and fees. As such the payment to the intermediary and your income resulting from this contract will be different.

5. Please confirm your understanding that, should you be successful and if required for this role, you will be responsible for paying for the DBS check (£25) associated with this position. YES/NO


Im most concerned by No.4. It sounds like my umbrella won't be getting the full contracted rate and that another org will have already deducted monies (and taken a margin as well). Also slightly concerned about giving someone the right to bill me for a DBS check (not stated what level) especially as the "benefit" of running this check isn't for me, its for the client.

I've never worked with AMS before so wondered where they get off trying to (what seems like) bullying behaviour

Thoughts / comments?

TIA
J

[ladymuck]

The £25 DBS check is usually a 10 minute form filling job. There isn't a 'level'. I've done loads as lots of places use them for a quick background check.

I have never worked via AMS so can't say what they're up to but my first question would be right back to them. As you say you've paraphrased, rather than copied verbatim, you could have missed out something important that makes it clear. Ask them to tell you how much will be deducted before the money reaches your umbrella and what that deduction covers.

[cojak]

It sounds to me as if it's a straightforward inside IR35 job, you just haven't asked all the questions yet.

1. They advertised the gross amount. With NI & taxes you can expect 52-55% of that depending on how greedy Giant are with their commission.
2. ASK WHAT YOUR NET FIGURE IS GOING TO BE. You may not be happy with the reply.

It's this lack of curiosity that often lands people with dodgy umbrellas and massive tax bills.

Ask the agent AND Giant.

(PS - paying for your own DBS check is no big deal. I've done it myself.)

[Lance]

if the agency are going to deduct the taxes then don't bother with an umbrella. Just work direct.
Or is AMS the umbrella they are telling you that you must use?

[TheDogsNads]

The £25 DBS check is usually a 10 minute form filling job. There isn't a 'level'. I've done loads as lots of places use them for a quick background check.

I have never worked via AMS so can't say what they're up to but my first question would be right back to them. As you say you've paraphrased, rather than copied verbatim, you could have missed out something important that makes it clear. Ask them to tell you how much will be deducted before the money reaches your umbrella and what that deduction covers.

There is a 'level' of DBS check.

The most common is the basic which costs the 25 quid. Then there's the enhanced which can be used, for example, if you are actually working with children or vulnerable people.

Personally, I find it objectionable that agencies \ consultancies have generally shifted the onus of paying the 25 quid onto the contractor but, there you go.

[GhostofTarbera]

It sounds to me as if it's a straightforward inside IR35 job, you just haven't asked all the questions yet.

1. They advertised the gross amount. With NI & taxes you can expect 55-60% of that depending on how greedy Giant are with their commission.
2. ASK WHAT YOUR NET FIGURE IS GOING TO BE. You may not be happy with the reply.

It's this lack of curiosity that often lands people with dodgy umbrellas and massive tax bills.

Ask the agent AND Giant.

(PS - paying for your own DBS check is no big deal. I've done it myself.)

More like 52-55%

60% is a unicorn surly


Sent from my iPhone using Contractor UK Forum

[cojak]

More like 52-55%

60% is a unicorn surly


Sent from my iPhone using Contractor UK Forum

You're right, I'll edit that just in case.

[ladymuck]

There is a 'level' of DBS check.

The most common is the basic which costs the 25 quid. Then there's the enhanced which can be used, for example, if you are actually working with children or vulnerable people.

Personally, I find it objectionable that agencies \ consultancies have generally shifted the onus of paying the 25 quid onto the contractor but, there you go.

An individual can't do the enhanced one themselves, from what I remember, and it costs £40 so the 'level' you're nit picking over is rather moot.

Turns out, it's £23 so I do hope AMS aren't trying to make a few bob somewhere!

[edison]

There is a 'level' of DBS check.

The most common is the basic which costs the 25 quid. Then there's the enhanced which can be used, for example, if you are actually working with children or vulnerable people.

Personally, I find it objectionable that agencies \ consultancies have generally shifted the onus of paying the 25 quid onto the contractor but, there you go.

I found AMS a pain in the arse to deal with a few years ago although that was an outside IR35 gig. One of the main problems is their team is mostly offshore in Poland and are quite slow in progressing things. There was about 2 weeks of delay which meant I lost on on about £6k.

I think paying for some compliance checks yourself is becoming the norm. I got charged about £90 for an IR35 assessment last year for a public sector client