QDOS Contract failed CEST online test - where did I go wrong?

[GhostofTarbera]

Where is the spreadsheet mudskipper posted a few weeks ago?


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[bigrob]

Don’t know if it will help with clarification but I’ll be working with the client to provide architectural services:

1. Define an architecture practice, governance procedures and policies.
2. Assist in the definition of a TOM for IT
3. Enterprise Architecture services to drive IT strategy

Thanks for the comments so far. TBH, I got a bit confused with the questions around doing things before getting paid. I almost provided the opposite answer to all those questions.

The client is up for the full substitution clause, but the contract does state that the client can reject the substitute if they don’t like them, they are not forced to work with them.

[jamesbrown]

Don’t know if it will help with clarification but I’ll be working with the client to provide architectural services:

1. Define an architecture practice, governance procedures and policies.
2. Assist in the definition of a TOM for IT
3. Enterprise Architecture services to drive IT strategy

Thanks for the comments so far. TBH, I got a bit confused with the questions around doing things before getting paid. I almost provided the opposite answer to all those questions.

The client is up for the full substitution clause, but the contract does state that the client can reject the substitute if they don’t like them, they are not forced to work with them.

Based on that, I think you probably answered the "how" part of control accurately. You collaborate with your client on "how", rather than working on your own to determine "how". It sounds like the "method" is an output (or one output) and you work with your client to determine that method and hence you both contribute to "how". You aren't given a spec and then treated as a black-box.

[rawly]

Why were you involved in the CEST in the first place?

I’d be dubious about having an existing QDOS approved contract (which as it happens I do!) & then having any hand in answering questions which would cause it to then fail come April.

Wouldn’t even go there!

[malvolio]

Don’t know if it will help with clarification but I’ll be working with the client to provide architectural services:

1. Define an architecture practice, governance procedures and policies.
2. Assist in the definition of a TOM for IT
3. Enterprise Architecture services to drive IT strategy

Thanks for the comments so far. TBH, I got a bit confused with the questions around doing things before getting paid. I almost provided the opposite answer to all those questions.

The client is up for the full substitution clause, but the contract does state that the client can reject the substitute if they don’t like them, they are not forced to work with them.

If the client is onside, get then to get the agency to change the contract. The contract has to reflect the reality on the ground, not define it!

[CheeseSlice]

Of course it involves costs. They are not normally a client liability, and would be factored into your rate anyway.

Just to add, those CEST questions explicitly exclude commuting travel costs as reasons to answer 'yes'. You have to visit the questionnaire to see the footnotes.

[bigrob]

Why were you involved in the CEST in the first place?

I’d be dubious about having an existing QDOS approved contract (which as it happens I do!) & then having any hand in answering questions which would cause it to then fail come April.

Wouldn’t even go there!

It’s the “direct” contract between my Ltd and the client. We sat down together and went though the test for confirmation. I was under the impression that if the Substitution was in place then it’s a default pass - obviously not.

[bigrob]

If the client is onside, get then to get the agency to change the contract. The contract has to reflect the reality on the ground, not define it!

The client are onside in all fairness, they want to ensure that we are both comfortable that we are outside IR35. Just keen to Knowsley what to change to get an approval to give the client confidence.

It’s the “direct” contract between my Ltd and the client.

[Lance]

It’s the “direct” contract between my Ltd and the client. We sat down together and went though the test for confirmation. I was under the impression that if the Substitution was in place then it’s a default pass - obviously not.

Tell them they should not have the right to refuse the substitute. If they have that right it's not a substitue it's a job candidate.

[LondonManc]

Of course it involves costs. They are not normally a client liability, and would be factored into your rate anyway.

So I'm correct in saying that the OP would have to incur costs before they are paid by the client then?

I think the point of those questions is to help demonstrate financial risk, e.g. shelling out on a month's worth of accommodation and travel only to find out you don't get paid because they've used you for a month's free consultancy and good luck getting the money off them