• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Determined outside, then client stopped paying and start IR35 determination

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Determined outside, then client stopped paying and start IR35 determination

    Hello,

    I've left my previous contract inside IR35 for a new contract at a 10% lower rate that is outside IR35.

    So far so good it felt... except that they've stopped paying me the last 2 weeks for unknown reasons.


    Today I've received a new form asking for status determination (Does I incur cost, % of work with my client, permission to take additional work, etc.) that need to be completed ASAP apparently.

    I'm a little worried. Could they start hiring me outside IR35 then decide that they want me inside?

    And in this case, would that mean that I'd have paid insurance and left my previous contract at higher rate for nothing? And could they also pay the rest of my contract as inside IR35?

    It's a bit fearsome... Is this allowed?

    #2
    Some people just seem to have trouble follow them around...

    How long have you been outside at this client? Did you view an outside SDS from the client before starting? If not, on what basis did you believe the gig was outside?

    But yes, a client can state that a gig is inside at any point. eg, they can easily say that working practices have changed.

    Comment


      #3
      Originally posted by Paralytic View Post
      Some people just seem to have trouble follow them around...

      How long have you been outside at this client? Did you view an outside SDS from the client before starting? If not, on what basis did you believe the gig was outside?

      But yes, a client can state that a gig is inside at any point. eg, they can easily say that working practices have changed.
      I've been with them for just a month. The recruiter told me it was an outside IR35 gig and they've done the determination already. I've also filled few form from the recruitment agency to confirm I'm outside.

      Now the determination is done from the client side, not the agency who recruited me. If I become inside, it wouldn't even be work practice that have changed, it's just they have decided to do another status determination.

      Comment


        #4
        Originally posted by cwah View Post
        I'm a little worried. Could they start hiring me outside IR35 then decide that they want me inside?

        And in this case, would that mean that I'd have paid insurance and left my previous contract at higher rate for nothing? And could they also pay the rest of my contract as inside IR35?

        It's a bit fearsome... Is this allowed?
        1) Yes -determinations can be changed at any time prior to the end client paying their first invoice for that contract (which could well be 90 days after you send your timesheet in)

        2) Pass

        3) Its both allowed and a change at the request of IPSE (and others) from how things were determined in the public sector rules. There the decision had to be made prior to starting work.
        merely at clientco for the entertainment

        Comment


          #5
          Originally posted by eek View Post

          1) Yes -determinations can be changed at any time prior to the end client paying their first invoice for that contract (which could well be 90 days after you send your timesheet in)

          2) Pass

          3) Its both allowed and a change at the request of IPSE (and others) from how things were determined in the public sector rules. There the decision had to be made prior to starting work.
          But this is deception, they can't make me quit my previous contract inside IR35 by telling me their one isn't and get me to quit with a lower rate... then once I'm in pay me for 1 week then change it to inside IR35????

          Comment


            #6
            They could not get anyone outside for the rate, they suckered you in, and all along inside knowing you will roll over

            Comment


              #7
              Originally posted by cwah View Post

              But this is deception, they can't make me quit my previous contract inside IR35 by telling me their one isn't and get me to quit with a lower rate... then once I'm in pay me for 1 week then change it to inside IR35????
              As I point out to my children whenever they complain about such - life's unfair - deal with it
              merely at clientco for the entertainment

              Comment


                #8
                You (cwah) said that you've been there for a month, and they haven't paid you for the past 2 weeks. Just to clarify, have they paid you at all? Based on eek's comment, if they paid you at outside rates for the first week then it should be too late for them to change their mind.

                Comment


                  #9
                  Originally posted by hobnob View Post
                  You (cwah) said that you've been there for a month, and they haven't paid you for the past 2 weeks. Just to clarify, have they paid you at all? Based on eek's comment, if they paid you at outside rates for the first week then it should be too late for them to change their mind.
                  I hope so. They paid me once. i was expecting to receive my pay weekly from the first pay. But it didn't happen.

                  So they can't change their mind? Previous post said they can at anytime??

                  Comment


                    #10
                    eek said: "determinations can be changed at any time prior to the end client paying their first invoice for that contract (which could well be 90 days after you send your timesheet in)"

                    If your limited company has been paid by the agency, the question is whether the agency has received that money from the client or whether they paid you and are now waiting for the client to pay them.

                    Just to recap a previous question, has anyone sent you a copy of the original SDS?

                    Comment

                    Working...
                    X