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Staying in the same public sector contract after April 2017
So the client can say: 'yes, s/he works in the office every day and does that and that. s/he has meetings with our staff and uses our equipment. We present problems to the contractor and want solutions.'
or
'it is all in the contract. no more information to disclose.'
Now, which one is you (most of us) in reality?
You should be keeping an archive of correspondence with the client and other evidence that demonstrates your WP as being consistent with the contract. Inquiries happen a long way down the line, and you can't rely on what the client says ex post, or even that they'll remember who the feck you are Most people don't do this, of course, but they'd have a hard time in evidencing their position, beyond the contract, if the client contradicts them later on.
OK, now I know you're a joke. If you wait until "the legislation is in force" you will be far too late to do anything about it, including mitigating the risk of your current and previous contracts being reassessed as inside IR35. Advising others that they don't have to worry yet is wrong and irresponsible. Harsh reality is you have around 12 days to take action, but I'll leave you to work out why.
Interestingly we've had a good few determinations 'outside' in respect of NHS clients, so not all doom and gloom there.
Also WTF are the client doing asking for a determination from an agency?
Client: "We want a specialist to build a new SQL Server data warehouse for us. They must be able to do it without supervision and deliver the reports as well. What's the market rate and, in your experience Mr Agent, are these roles typically inside our outside IR35?"
Don't forget, Andy, at lot of clients will have heard of the term but will look to agents for guidance on what it all means and how they can get the role outside if possible because they're more likely to get a better candidate.
The greatest trick the devil ever pulled was convincing the world that he didn't exist
Well that's my notice now in with the agency. I gave them a week to give clear feedback but it's obvious they haven't got a clue what's happening post April.
It's a shame really. The project will now be horrendously late and especially because it takes months to get all the account clearances.
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