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Long running contract

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    #21
    Long projects aren't unheard of but the longer you remain in one place, the harder it gets to prove you're not an employee.

    Why did you let your insurance lapse? That seems like a daft thing to do.

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      #22
      Originally posted by ladymuck View Post
      Long projects aren't unheard of but the longer you remain in one place, the harder it gets to prove you're not an employee.

      Why did you let your insurance lapse? That seems like a daft thing to do.
      Had other things going on at the time (personal) and renewing insurances ended up at the bottom of the pile. Sounds silly I know..

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        #23
        The big issue you have is what is going to happen in April. Is the client likely to either issue with an inside SDS, blanket inside or refuse to engage with PSC?. If you are going to go outside to inside then you've got a big problem. There is the risk you'll automatically be on the hook for all the tax since the beginning of the engagement. The client is admitting to the tax man you are inside so hard to defend.

        If you are outside and they are happy to carry on outside then you need to get your house in order. Get your contract checked by the likes of QDOS, get TLC35, review your working practices and make sure they are in order and, if you aren't already, move to a SoW type delivery contract and off the bum on seat. Become a proper supplier through their PSL and not body shopped.

        If you've a long history at the client you need a really belt and braces approach. If they want you then a change of engagement style due to April changes is a reasonable request.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

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          #24
          Originally posted by northernladuk View Post
          The big issue you have is what is going to happen in April. Is the client likely to either issue with an inside SDS, blanket inside or refuse to engage with PSC?. If you are going to go outside to inside then you've got a big problem. There is the risk you'll automatically be on the hook for all the tax since the beginning of the engagement. The client is admitting to the tax man you are inside so hard to defend.

          If you are outside and they are happy to carry on outside then you need to get your house in order. Get your contract checked by the likes of QDOS, get TLC35, review your working practices and make sure they are in order and, if you aren't already, move to a SoW type delivery contract and off the bum on seat. Become a proper supplier through their PSL and not body shopped.

          If you've a long history at the client you need a really belt and braces approach. If they want you then a change of engagement style due to April changes is a reasonable request.
          I will get in touch with QDOS again, cheers. They are a small company so April changes are not relevant - I will be carrying out my own determination as before.

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            #25
            Originally posted by cannon999 View Post

            I will get in touch with QDOS again, cheers. They are a small company so April changes are not relevant - I will be carrying out my own determination as before.
            Yes but no. I think it would be a safe bet the small exemption will be next to be abolished which I think will put you in an even more difficult situation. At a small company there has to be a much greater can do attitude as there isn't enough people to pass tasks on to. I think it's extremely difficult to stick to a single task and not be derailed as the company needs other things doing. You'll know better than us but I'll bet in most cases you'll either have an extremely woolly SOW to cover the 'any other tasks deemed necessary' scenario or you'll have a bum on seat contract that fails Direction and Control over and over again. I also imagine long stints will also suffer from scope creep as the project moves on so what you will deliver will change as the work moves on further looking like you are a part and parcel permie.

            So yes, you are OK for April but after that? Who knows.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

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