Staying in the same public sector contract after April 2017

[PS oh noes]

This... This is basic IR35 stuff and is a risk in any gig, PS or private sector so nothing new or has suddenly become and issue with the PS carry on.

I don't disagree. Though will be more likely this year.

The problem seems to be:

Client washes hands and says everyone is inside even for those who can evidence otherwise.
Agency washes hands and says everyone is inside even for those who can evidence otherwise.
In a soon-to-be-glutted market, and with a client offering a fairly reasonable FTC and where completing the project looks good on CV / profile for future work and where the last part of the project is a different subject area and arguably a different job (because they liked you as an individual and contractors are walking and it's within your skillset)

I'm looking at radically changing my situation anyway, but had counted on a bit more in the warchest (or personal account) before making the leap.

And I realise it's my decision to make, and I can't outsource it to anyone here, but I always believe that the best decisions are made with the most reliable information possible, even if that information is in the form of reasoned opinions, and that's why I'm fishing here.

[FireOnion]

My current Options

It is the client that makes the determination, not the agency. Staying with the same client, doing the same role, as an employee (which is what you are on a FTC) is likely to be a big red flag IMO.

This is a very good point which i had not fully considered.
My current position is that i contract directly with a Local Authority and have done for a number of years. My role has been project based, moving between different projects.
Whilst i think that i could just about successfully argue that I have been (and should remain) outside, I, like many others am going to have that decision taken from me from the PS client who, as seems likely at the moment, is going to deem all contractors inside. This deeming is more of a knee jerk reaction that we are seeing and is an edict from on high from people who don't understand the impact of contractors leaving and really don't want to take any financial risk of HMRC coming after them for an incorrect determination.
I had a meeting yesterday with my PS client to discuss options (due to radio silence!) and laid on the line my desire to keep the contract as it currently stands i.e. outside (with a little re-writing it's fair to say) The PS is now taking it very seriously that i may depart come 31st March.
They have suggested if, as expected, remaining outside will be rejected, that a FTC might be the way forward but Teapot's point has me thinking that this is now not such a good idea. I very much take the point that doing the same role as an employee will bring into question the role outside. A little unfair as the PS client should really be standing their ground with HMRC and keeping contractors who are outside, outside rather than rolling over and taking all HMRC has to give!....However, i am where i am and i need to decide what i'm going to do.
Previous to the FTC discussion i was very much "unless I'm deemed outside, i'm gone" and i might need to go back to that stance.

The only light at the end of the tunnel i could see is that, were the FTC to be a different project (which is quite likely) from my current project then that might be a sufficient point to argue the toss about being previously outside although i really don't want to be even having that argument.
Remain outside or leave still seems the sensible option. The trouble is, i really like my contract at the moment and i'm trying to justify a reason to stay.

Happy for any thoughts you may wish to give.

[northernladuk]

I don't disagree. Though will be more likely this year.

The problem seems to be:

Client washes hands and says everyone is inside even for those who can evidence otherwise.
Agency washes hands and says everyone is inside even for those who can evidence otherwise.
In a soon-to-be-glutted market, and with a client offering a fairly reasonable FTC and where completing the project looks good on CV / profile for future work and where the last part of the project is a different subject area and arguably a different job (because they liked you as an individual and contractors are walking and it's within your skillset)

I'm looking at radically changing my situation anyway, but had counted on a bit more in the warchest (or personal account) before making the leap.

And I realise it's my decision to make, and I can't outsource it to anyone here, but I always believe that the best decisions are made with the most reliable information possible, even if that information is in the form of reasoned opinions, and that's why I'm fishing here.

Why not just go get a gig in the private sector, the same way you would have probably had to do should the PS gig end and just carry on being a contractor? Make the radical leap later when you are ready?

[northernladuk]

This is a very good point which i had not fully considered.
My current position is that i contract directly with a Local Authority and have done for a number of years. My role has been project based, moving between different projects.
Whilst i think that i could just about successfully argue that I have been (and should remain) outside,

I'd be quite happy to argue that based on just that statement alone.

The PS is now taking it very seriously that i may depart come 31st March.

Bearing in mind the impact on being paid after April and all that?

They have suggested if, as expected, remaining outside will be rejected, that a FTC might be the way forward but Teapot's point has me thinking that this is now not such a good idea.

Correct

I very much take the point that doing the same role as an employee will bring into question the role outside.

Which would have been the main crux of my argument at the beginning.

The trouble is, i really like my contract at the moment and i'm trying to justify a reason to stay.

Can't polish a turd I am afraid. You sound like the shining example of what HMRC is trying to deal with IMO. And again... at no point in any of this did you even consider just happily throwing in the towel and go looking for another contract, like contractors do.

I'm pretty stunned how institutionalized so many PS contractors are.

[seeourbee]

Staying in the same public sector contract after April 2017

Agreed , you sound like a project manager who is an employee of that organisation. You are inside ir35. Of course you can stay, but if will come at one heck of a price.

Personally, I could never love any job or organisation that much. Ever.

[northernladuk]

Agreed , you sound like a robe to manager who is an employee of that organisation. You are inside ir35. Of course you can stay, but if will come at one heck of a price.

Personally, I could never love any job or organisation that much. Ever.

Might have to start trotting my 'You are a business' line back out although I think it will be sadly wasted.

[QCApproved]

Going from the PS to Private Sector will not be an easy move for many.

[MrMarkyMark]

Going from the PS to Private Sector will not be an easy move for many.

If they were true, independent, skilled contractors in their own right, there would be no issue.

[seeourbee]

Of course there's an issue - supply and demand. The demand can't swallow up a sudden glut of contractors.

[SueEllen]

If they were true, independent, skilled contractors in their own right, there would be no issue.

I've gone back and forth within different sectors including public sector. Funnily enough the role I'm doing now in the private sector is all due to a public sector client.