Consultancies providing services to pulbic sector and contractors....

[northernladuk]

I would suggest he stops Stevie Wondering and starts to understand the facts, so he is under no illusion come April.

Bit late for him to start that now innit.

[eek]

Nope. All IT is outsourced to the consultancy. They have permies and contractors inc pm's on their customers site.

So it's a service supplier much like my current clientco.

Sorry mate but you are inside as some of the permies there are seconded council workers.

[northernladuk]

Hey PC. Look on the bright side. I won't be giving you any stick when you hand your notice in and bail on this one.

Calling in sick to get out of your notice is another thing though.

Am sure you'll post a thread about it at some point.

[Hotsauce56]

Grasp at all the straws you want, the reality and supporting documentation tell a far different story.
The consultancy, providing a project service and hiring contractors to resource was all covered in there, as inside.

Where abouts was this? I don't mean to appear lazy and have read the documents in detail but I don't remember coming across this? Was there an example?

[Hotsauce56]

That would indicate you are carrying out a role that you weren't contracted to do, which we already know to be fair. You are inside already so not sure why any of these changes will affect you except someone else is paying the correct amount of tax which you currently aren't.

So you are in a grey area which might get looked at imperial which then exposes the fact you are already in detail regardless of the new legislation. Slam dunk for HMRC. I'd be very worried if I were you.

There is also an example which covers a consultancy supplying bodies to a client and they are deemed within scope of the legislation anyway so I'd say you ain't in the clear yet.

Which example was this?

[MrMarkyMark]

Where abouts was this? I don't mean to appear lazy and have read the documents in detail but I don't remember coming across this? Was there an example?

You are.

There's not that much documentation, available on the subject, to read

I charge £100 an hour, for such a search

[northernladyuk]

Not privy to the contract between consultancy and organisation. I assume they provide a service though i.e. IT support between certain hours etc. I guess it depends on how the consultancy see fit with regards to people on site be they perm or contractor or offsite (both as it happens). Obviously the public sector knows whos on site (because of access etc) but they have no say in who or how many. I know that projects then are charged separately to the end client as well.

Yep IR35. VERY borderline for me I know. But thats a separate issue and not related to the coming changes.

How is BAU support monkey with mandatory shift work on demand even slightly borderline?

[jamesbrown]

How is BAU support monkey with mandatory shift work on demand even slightly borderline?

In the same reality that it's reasonable to sponge off the state in between contracts?

[northernladyuk]

Hey PC. Look on the bright side. I won't be giving you any stick when you hand your notice in and bail on this one.

Calling in sick to get out of your notice is another thing though.

Am sure you'll post a thread about it at some point.

Be fair. If he hands in his notice the social will sanction him, whereas he is an expert now at going on the sick.

[Whorty]

What i've not worked out yet is if the contractor works through a consultancy, at what 'salary' should the employers NIC be applied? As an example ....

Contractor is on 500 pd
Consultancy charges 1000 pd to PS client

Surely the consultancy should be hit at the 1000 pd as a 'salary' if the contractor is deemed inside IR35?

Same if the contractor is actually an employee of the consultancy but doing a client end BAU role. Surely the IR35 hit should be based on what the client pays, and not how much the employee gets?

If it's not on the full wack, the consultancy will find a way to get around the NIC somehow by offering a lower salary and more salary sacrifice benefits instead that are not subject to employer NIC.