Staying in the same public sector contract after April 2017

[pjt]

Working for the private sector if you choose your clients carefully can mean a lot of work from home. The hours with certain clients aren't longer either.

Also unless you have a medical reason why you can't drive then you should learn. Even if it takes you a couple of years to pass your test, it's useful life skill to have.

So go permie. Get some more skills including life ones then come back to contracting.

By which point the same rules will probably be in place in the public sector and he'll still be in the same position.

[northernladuk]

By which point the same rules will probably be in place in the public sector and he'll still be in the same position.

Nah. He'll be ahead of the games cause he'll have a cushy job while 10's of thousands of us will be being screwed over as we fight for the scraps.

[NHS1979]

Last question on this today - so in summary, if you are with a ps client now, and are outside IR35, you would be an idiot to stay, but if you did you should completely switch to being fixed term PAYE? Still making me think I'll leave, be an idiot elsewhere in the ps but not be an automatic target for retro grab

[teapot418]

Last question on this today - so in summary, if you are with a ps client now, and are outside IR35, you would be an idiot to stay, but if you did you should completely switch to being fixed term PAYE?

What has led you to that conclusion?

[puzzler]

so far, somewhat, somehow, maybe, ifs/buts aside, partly guessing...

Best *PS only* options are:

1- If same PS - then fixed term/perm employment to avoid retro
2- If different PS - then can even do umbrella (inside ir35)

[runandbecome]

Last question on this today - so in summary, if you are with a ps client now, and are outside IR35, you would be an idiot to stay, but if you did you should completely switch to being fixed term PAYE? Still making me think I'll leave, be an idiot elsewhere in the ps but not be an automatic target for retro grab

Well I'm the idiot then.
Like MOD they are completely re writing all our contracts where we are ensuring that every single facet is outside ir35, in consultation with IR35 lawyers the same Lawyers that we are using should we get investigated.

I'm staying and saying good luck to HMRC if they think they can get around the law of IR35 good luck to them.

My new contract is more water tight than any I've ever had in Public or Private. It covers absolutely every part of IR35 law.

[northernladuk]

Working practices trump contract. If you are under SD&C you are caught surely?

[bobspud]

Well I'm the idiot then.
Like MOD they are completely re writing all our contracts where we are ensuring that every single facet is outside ir35, in consultation with IR35 lawyers the same Lawyers that we are using should we get investigated.

I'm staying and saying good luck to HMRC if they think they can get around the law of IR35 good luck to them.

My new contract is more water tight than any I've ever had in Public or Private. It covers absolutely every part of IR35 law.

[HeWhoDaresRoy]

so far, somewhat, somehow, maybe, ifs/buts aside, partly guessing...

Best *PS only* options are:

1- If same PS - then fixed term/perm employment to avoid retro
2- If different PS - then can even do umbrella (inside ir35)

1 - I don't think that's the case - I think you'd need to change client completely to minimize risk of retrospective investigation....... unless you can get a new contract from current client for 2017/18 stating that you are outside IR35. I think even then, you'd be sticking your head above the parapet a little.

2- Yes, I think that's right, though there's always the possibility of an IR35 investigation as a contractor (unless you've always declared yourself inside, anyway!), even if you've always been outside IR35 in your contracts, so taking-up some form of insurance would be prudent, I think.

[SueEllen]

Working practices trump contract. If you are under SD&C you are caught surely?

The client can - and according to others who have been investigated - and do say read the contact. And it's all in the contract.

As long as the client AND the contractor don't speak to HMRC without their legal representatives they should be OK.