Staying in the same public sector contract after April 2017

[swamp]

Hi QDOS, will you be providing an insurance policy for agents to cover them for IR35 in the public sector?

If so, what prerequisites will this policy require, and how much do you think it will cost?

Many thanks.

[Qdos Contractor]

Ok, I understand where you're coming from.

Naturally we've been doing a lot of work over the last few months; we responded to the consultation (using our clients' feedback), have met with HMRC and have invested a lot of time in developing processes/solutions for what we think is going to happen. There are a lot of details we simply don't know yet, and won't until 5th December.

I guess what you think is missing is an immediate and public statement of intent. As referred to earlier in the thread we have put out a brief post, but it's dangerous to make any significant declaration until we've seen the devil in the detail.

Also bear in mind the main parties we need to help initially are agencies and engagers, not contractors. I can assure you we've been working hard on that front.

I obviously don't have lobbyists or the ear of parliament, but we're doing everything we can.

[Qdos Contractor]

Hi QDOS, will you be providing an insurance policy for agents to cover them for IR35 in the public sector?

If so, what prerequisites will this policy require, and how much do you think it will cost?

Many thanks.

Yes.

Cost: I don't know yet; lots of factors to consider.

Prerequisites: IR35 factors haven't changed so will be based on our opinion.

[youngguy]

Yep, it's been busy. Struggled to follow the forum in detail but feel free to ask any questions (can't promise I'll have many answers).

Seb

Seb,

Given your discussions with agencies etc, what do you sense their appetite is for looking at 'outside ir35' engagements , or are we all correct in assuming most will be in because of the risk to the agent ?

[Qdos Contractor]

Seb,

Given your discussions with agencies etc, what do you sense their appetite is for looking at 'outside ir35' engagements , or are we all correct in assuming most will be in because of the risk to the agent ?

Obviously it's early days, but every agency I've spoken to is genuinely trying to ensure contractors working outside IR35 can continue to do so. Granted the sample I've communicated with (so far) is relatively small in the scheme of things, but there has been no suggestion of forcing all contractors inside.

Seb

[Bigb]

Definition of public sector

Is there any detail around what definition of the 'public sector' is being used? I.e. is it just central & local government or will it cover the 3rd sector, e.g. housing associations who receive some government funding?

[Qdos Contractor]

Is there any detail around what definition of the 'public sector' is being used? I.e. is it just central & local government or will it cover the 3rd sector, e.g. housing associations who receive some government funding?

Any organisation covered by the FOI act. It's quite extensive.

See here: page 12 for the overview and then page 47 onwards for the detail.

[youngguy]

I've had two calls this last week about PS roles and both times have been told by the agents they are confident they will be able to provide IR35 compliant contracts post April. One even upped the rate for the role by £50 per day whilst on the call when I said about the risk!

[eek]

Just turned a public sector role down again.

[westtester]

Obviously it's early days, but every agency I've spoken to is genuinely trying to ensure contractors working outside IR35 can continue to do so. Granted the sample I've communicated with (so far) is relatively small in the scheme of things, but there has been no suggestion of forcing all contractors inside.

Not yet. The reason we are all assuming that's what agencies will do is because we've worked with them for many years and experience suggests they will do what suits them and not us.