Staying in the same public sector contract after April 2017

[cojak]

Completely agree with eek on this. Psychocandy, there is almost zero chance that you fall outside of the new rules, so you should look to move now. Whether or not they do actually pursue people retrospectively, you have to be worried about that, and eek has made some convincing points that they are indeed intending to target people like you retrospectively.

And don't think we'll forget this thread come May...

[northernladuk]

Completely agree with eek on this. Psychocandy, there is almost zero chance that you fall outside of the new rules, so you should look to move now. Whether or not they do actually pursue people retrospectively, you have to be worried about that, and eek has made some convincing points that they are indeed intending to target people like you retrospectively.

He can't. He's got no notice period

And don't think we'll forget this thread come May...

We won't need to. PC will post another couple of dilemmas he can't sort out before then so it will still be fresh in our minds.

[seeourbee]

This legislation only applies to intermediaries, not consultancies- they work on a different framework. When these rules move to Private sector (i.e. 18/19) then you need to worry

[confusion]

And don't think we'll forget this thread come May...

Here's an interesting statement from my public sector agent - a suggestion that PAYE is the way forward and perfectly safe to change without retrospective action!

==========================

Hello,

I write again to provide a further brief update in connection with the forthcoming change to the Off-Payroll reform ("IR35") Legislation.

As most of you will be aware, the Government brought forward a change in the law surrounding off-payroll reform. agent are currently working in partnership with client to look in detail as to how this may affect us moving forward beyond April 2017.

There is little for me to add to my previous message at this stage - there will be no change to how you continue to engage with agent and client on your assignment. Whilst we acknowledge that there have been a number of rumours going around the site about what will and will not be the case beyond March of this year, we would like to remind all ASW's that you have the right to a PAYE contract. I am specifically aware that an unfounded rumour is circulating that taking this approach will automatically trigger an IR35 investigation into your past business affairs. For an indication of what your PAYE rate would be, please feel free to contact the site-office.

Please be assured that we will be in contact with you again in due course when we are able to provide a more conclusive update. In the meantime, we continue to work with client and our legal teams to establish a long-term solution that works for all parties. If you have any further questions or queries at all, please do not hesitate to contact me or the site-office.

================================

[cojak]

Here's an interesting statement from my public sector agent - a suggestion that PAYE is the way forward and perfectly safe to change without retrospective action!

==========================

Hello,

I write again to provide a further brief update in connection with the forthcoming change to the Off-Payroll reform ("IR35") Legislation.

As most of you will be aware, the Government brought forward a change in the law surrounding off-payroll reform. agent are currently working in partnership with client to look in detail as to how this may affect us moving forward beyond April 2017.

There is little for me to add to my previous message at this stage - there will be no change to how you continue to engage with agent and client on your assignment. Whilst we acknowledge that there have been a number of rumours going around the site about what will and will not be the case beyond March of this year, we would like to remind all ASW's that you have the right to a PAYE contract. I am specifically aware that an unfounded rumour is circulating that taking this approach will automatically trigger an IR35 investigation into your past business affairs. For an indication of what your PAYE rate would be, please feel free to contact the site-office.

Please be assured that we will be in contact with you again in due course when we are able to provide a more conclusive update. In the meantime, we continue to work with client and our legal teams to establish a long-term solution that works for all parties. If you have any further questions or queries at all, please do not hesitate to contact me or the site-office.

================================

Oh wow - that's great, no worries then!

Now send an email asking for written confirmation that they'll back you al the way should you be investigated after May.

They don't know any more than we do and in my opinion it's just a move to try and stop mass resignations.

[eek]

Here's an interesting statement from my public sector agent - a suggestion that PAYE is the way forward and perfectly safe to change without retrospective action!

==========================

Hello,

I write again to provide a further brief update in connection with the forthcoming change to the Off-Payroll reform ("IR35") Legislation.

As most of you will be aware, the Government brought forward a change in the law surrounding off-payroll reform. agent are currently working in partnership with client to look in detail as to how this may affect us moving forward beyond April 2017.

There is little for me to add to my previous message at this stage - there will be no change to how you continue to engage with agent and client on your assignment. Whilst we acknowledge that there have been a number of rumours going around the site about what will and will not be the case beyond March of this year, we would like to remind all ASW's that you have the right to a PAYE contract. I am specifically aware that an unfounded rumour is circulating that taking this approach will automatically trigger an IR35 investigation into your past business affairs. For an indication of what your PAYE rate would be, please feel free to contact the site-office.

Please be assured that we will be in contact with you again in due course when we are able to provide a more conclusive update. In the meantime, we continue to work with client and our legal teams to establish a long-term solution that works for all parties. If you have any further questions or queries at all, please do not hesitate to contact me or the site-office.

================================

To which I would ask why is HMRC's big data centre in Longbenton (alongside other contractor heavy departments) suddenly looking like the Maria Celeste....

[eek]

This legislation only applies to intermediaries, not consultancies- they work on a different framework. When these rules move to Private sector (i.e. 18/19) then you need to worry

No it may (and certainly does in many outsourcing examples). If all the consultancy is doing is providing a bum on a seat resource that bum on a seat is going to be inside regardless of how they are employed...

[MrMarkyMark]

No it may (and certainly does in many outsourcing examples). If all the consultancy is doing is providing a bum on a seat resource that bum on a seat is going to be inside regardless of how they are employed...

The devil is in the detail

[seeourbee]

Why do you think that ? The technical note specifically lists what 'intermediaries' are covered ? By consultancy I'm referring to the process of bidding for pieces of work, delivering and then finishing.

[MrMarkyMark]

Why do you think that ? The technical note specifically lists what 'intermediaries' are covered ? By consultancy I'm referring to the process of bidding for pieces of work, delivering and then finishing.

That's why he specifically mentioned body shopping / BOS, completely different.

As I said the devil is in the detail

We have read about and discussed this endlessly for ages.