Hays contracts and IR35

[malvolio]

Because someone complained about being forced into a pseudo-employee contract by Hays because it saved their client some VAT - banks don't qualify for VAT reclaiming, the idea was to reduce their VAT liablity byu a bit of creative accounting. It was all a bit accidental - the idea was good in principle but wouldn't have worked in reality and stitched up a bunch of contractors as a side-effect.

PCG's ex-CEO persuaded Hays's CEO of the error of their ways and, to be fair to Hays, they responded very positively.

[spenj]

Because someone complained about being forced into a pseudo-employee contract by Hays because it saved their client some VAT - banks don't qualify for VAT reclaiming, the idea was to reduce their VAT liablity byu a bit of creative accounting. It was all a bit accidental - the idea was good in principle but wouldn't have worked in reality and stitched up a bunch of contractors as a side-effect.

PCG's ex-CEO persuaded Hays's CEO of the error of their ways and, to be fair to Hays, they responded very positively.

I've been told that my client don't change their contracts so I am stuck with a couple of dubious clauses as far as IR35 is concerned.

You mentioned on other posts that PCG have only lost 3 IR35 investigation cases out of 1400. Does that 1400 only include cases they have decided to pursue or does it include every case that a PCG member has asked them to help with?

[malvolio]

Every case they (or their advisors, to be strictly accurate) have contested. And that number is a bit out of date I think, it hasn't moved for a few months now.

[spenj]

Every case they (or their advisors, to be strictly accurate) have contested. And that number is a bit out of date I think, it hasn't moved for a few months now.

Figures for the number of PCG members cases that they don't contest would be also useful, to show whether or not they just cherry-pick the cases they think will win. I'm just wondering whether my PCG insurance is likely to be any use if I ever needed to use it.

[BillHicksRIP]

I had B&C negotiate with Hays about a HIT20 contract I had. They refused to amend it and B&C gave it a marginal pass. Hays refused to issue the Schedule to me until I'd started the role which would negate the whole process if it was full of nasties. Finally got it a month into the contract and it's contents were ok. Perhaps I just got the wrong person dealing with me at Hays, to the point where I made an official complaint, but if two agencies are advertising the same role, I'll look at the other one.

[malvolio]

There are no uncontested cases - what would be the point? Any PCG member that gets the brown envelope is told to call the office and get the ball rolling. Every case is pursued. Usually, it gets stopped very quickly, the 1400 are ones that have gone (or have threatened to go) to the commisioners and have had a bit more work.

If you need it, you get representation. As I keep saying, PCG Insurance cover is unconditional for all members.

[spenj]

There are no uncontested cases - what would be the point? Any PCG member that gets the brown envelope is told to call the office and get the ball rolling. Every case is pursued. Usually, it gets stopped very quickly, the 1400 are ones that have gone (or have threatened to go) to the commisioners and have had a bit more work.

If you need it, you get representation. As I keep saying, PCG Insurance cover is unconditional for all members.

Thanks Malvolio, that clears up any uncertainty on that score! I'm seem to have caught you in an uncharacteristically benevolent mood today, so I'm grateful for that too!

[spenj]

I had B&C negotiate with Hays about a HIT20 contract I had. They refused to amend it and B&C gave it a marginal pass. Hays refused to issue the Schedule to me until I'd started the role which would negate the whole process if it was full of nasties. Finally got it a month into the contract and it's contents were ok. Perhaps I just got the wrong person dealing with me at Hays, to the point where I made an official complaint, but if two agencies are advertising the same role, I'll look at the other one.

Apologies for my ignorance, but who are B&C?

[spenj]

Two people I know have had the HIT20 reviewed by industry standard reviewers as a pass. They accept that the work will be done personally but there's enough scope in the D&C and MOO to put it outside. Apparently.

What are D&C and MOO???

[kingshuk]

Apologies for my ignorance, but who are B&C?

http://www.bauerandcottrell.co.uk/
They are quite well known and (from personal experience) good at what they do.