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    #21
    Originally posted by Lance View Post

    this is possibly pedantic, but it does mean they are right.

    If they determine you as inside, then you are inside. That's it. It's a fact.
    No amount of opinion or dislike will change it.
    Well you can appeal but as you will have already picked the sane option (an umbrella company) how would you extract yourself from the umbrella company?
    merely at clientco for the entertainment

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      #22
      So, from what I understand, there hasn't been an inside determination from the Client; they have changed their engagement model and will no longer use PSCs.

      Therefore, with no SDS, as one isn't needed, there isn't that same level of risk as receiving an inside SDS that's been tailored to your role. This would definitely indicate your outside gig was always inside.

      If you decide to stay, and work via an umbrella, you need to keep the evidence that the company decided to change its engagement model just in case anyone comes asking. Hopefully they've worded that communication in a clear manner...

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        #23
        Originally posted by ladymuck View Post
        So, from what I understand, there hasn't been an inside determination from the Client; they have changed their engagement model and will no longer use PSCs.

        Therefore, with no SDS, as one isn't needed, there isn't that same level of risk as receiving an inside SDS that's been tailored to your role. This would definitely indicate your outside gig was always inside.

        If you decide to stay, and work via an umbrella, you need to keep the evidence that the company decided to change its engagement model just in case anyone comes asking. Hopefully they've worded that communication in a clear manner...
        Indeed, this is no different to moving into a permanent role in a company where you were a contractor. The contractual conditions change significantly from a PSC contract with substitution clauses etc. to a contract via an umbrella.
        I'm alright Jack

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          #24
          So effectively at the same client going from PSC (through an agency) to Fixed term paye employee is no better than going via umbrella - even where a determination hasnt been performed/blanket PSC ban in place?
          Last edited by Bonerp; 19 March 2021, 11:40.

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            #25
            Originally posted by Bonerp View Post
            So effectively at the same client going from PSC (through an agency) to Fixed term paye employee is no better than going via umbrella - even where a determination hasnt been performed/blanket PSC ban in place?
            PSC to umbrella and it will be picked up via agency reporting. You then have the issue that it might look like you've always been inside.

            PSC to employee and it won't show up on agency reporting. You may still need to demonstrate that the original contract wasn't inside but you won't have a big target on your back.
            merely at clientco for the entertainment

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              #26
              Originally posted by eek View Post

              PSC to umbrella and it will be picked up via agency reporting. You then have the issue that it might look like you've always been inside.

              PSC to employee and it won't show up on agency reporting. You may still need to demonstrate that the original contract wasn't inside but you won't have a big target on your back.
              Technically he kind of will. His liabilities haven't changed and his chance of winning an investigation are still nil. All that will happen that him and his target will be harder to find. In my mind his visibility doesn't affect size of the target. He's just got a chance to hide better. That's how I view it anyway.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

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                #27
                Originally posted by northernladuk View Post

                Technically he kind of will. His liabilities haven't changed and his chance of winning an investigation are still nil. All that will happen that him and his target will be harder to find. In my mind his visibility doesn't affect size of the target. He's just got a chance to hide better. That's how I view it anyway.
                He's still a target - the entire point was that finding him will require slightly more work than merging 2 quarterly reports together to see what's changed.
                merely at clientco for the entertainment

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                  #28
                  Originally posted by eek View Post

                  He's still a target - the entire point was that finding him will require slightly more work than merging 2 quarterly reports together to see what's changed.
                  For sure. We are on the same page then yes.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

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