Staying in the same public sector contract after April 2017

[BoredBloke]

And keep buying them drinks.

And get a receipt!

[londonlad]

Just wondering, if the HMRC tool is unjust and biased, can it be challenged in the Tribunal Court?

[northernladuk]

Just wondering, if the HMRC tool is unjust and biased, can it be challenged in the Tribunal Court?

Fill yer boots...

[eek]

Just wondering, if the HMRC tool is unjust and biased, can it be challenged in the Tribunal Court?

We don't yet know what the appeal process is....

[RonBW]

And keep buying them drinks.

Unfortunately, "strangers" aren't allowed to buy drinks there. So I have to get bought drinks instead

[northernladuk]

I don't know but don't try and kid yourself that you are anything but caught. Bit of flexibility and a hypothetical sub (which I very much doubt) isn't enough to cover the old rules let alone this new situation.

[NHS1979]

Things are taking shape where I am. A number of NHS organisations are housed in my building, with a fair smattering of interim staff across all functions, plus the usual management consultancy big beasts. It seems unlikely they will bother with the tool, and seem to be veering towards switching everyone to PAYE via an 'alternative payroll'.

At this stage I'm not sure if that means the end of day rates, or if they will try to force people onto national NHS Pay bands. Or if I go on their payroll as an individual or a company. I'm also not clear what they will do with the agencies these people currently work through, as they all have contractual clauses saying they can't switch to the end client's employment for 12 months from the end of the agency agreement.

I have been Contracting for 2.5 years and naturally very concerned about retrospective investigation. All my contracts in that time have been with agencies, who in turn contract with the NHS or private health companies. The contracts have the usual wording about being outside IR35, and I could hypothetically find someone to substitute for me (I never have).

I've been in my current contract since this month (Jan) and only signed till end of March. So at this stage I wonder if signing a new contract from April, presumably with some sharper wording on deliverables, is wise. I don't want to walk away, but don't want investigation.

At this stage not sure how to react to the options available. re retrospective investigation, does signing a new and slightly different contract With deliverables make a difference? Switching to agency payroll (if NHS allows)? Switching to umbrella (if NHS allows)? Switching from agency to NHS payroll? Or is it better to just walk away?

I spoke to IR35 insurers after following these threads everyday, and frankly not sure if that's enough given I am so similar to hundreds of other NHS managers in same position - we all have flexibility of work and hypothetical substitution, but equally usually have a desk, a manager we are accountable to, even if the jobs are usually not existing posts but proposed ones (I.e. Need someone quick to fix something or deal with surge of specific work)

[teapot418]

Things are taking shape where I am. A number of NHS organisations are housed in my building, with a fair smattering of interim staff across all functions, plus the usual management consultancy big beasts. It seems unlikely they will bother with the tool, and seem to be veering towards switching everyone to PAYE via an 'alternative payroll'.

At this stage I'm not sure if that means the end of day rates, or if they will try to force people onto national NHS Pay bands. Or if I go on their payroll as an individual or a company. I'm also not clear what they will do with the agencies these people currently work through, as they all have contractual clauses saying they can't switch to the end client's employment for 12 months from the end of the agency agreement.

I have been Contracting for 2.5 years and naturally very concerned about retrospective investigation. All my contracts in that time have been with agencies, who in turn contract with the NHS or private health companies. The contracts have the usual wording about being outside IR35, and I could hypothetically find someone to substitute for me (I never have).

I've been in my current contract since this month (Jan) and only signed till end of March. So at this stage I wonder if signing a new contract from April, presumably with some sharper wording on deliverables, is wise. I don't want to walk away, but don't want investigation.

At this stage not sure how to react to the options available. re retrospective investigation, does signing a new and slightly different contract With deliverables make a difference? Switching to agency payroll (if NHS allows)? Switching to umbrella (if NHS allows)? Switching from agency to NHS payroll? Or is it better to just walk away?

I spoke to IR35 insurers after following these threads everyday, and frankly not sure if that's enough given I am so similar to hundreds of other NHS managers in same position - we all have flexibility of work and hypothetical substitution, but equally usually have a desk, a manager we are accountable to, even if the jobs are usually not existing posts but proposed ones (I.e. Need someone quick to fix something or deal with surge of specific work)

Are you on weekly payments? Your payment needs to be before 6 April to avoid the need to be assessed. It really is your decision - as you've only been there a couple of months, your financial risk if there's an investigation and you're found to have been "inside" is relatively low - you could just set aside the extra money for peace of mind.

[NHS1979]

Are you on weekly payments? Your payment needs to be before 6 April to avoid the need to be assessed. It really is your decision - as you've only been there a couple of months, your financial risk if there's an investigation and you're found to have been "inside" is relatively low - you could just set aside the extra money for peace of mind.

Yes I'm on weekly payments and have sorted accelerate payments so paid within 7 days. Limited exposure on the 3 month contract, but I'd assumed they would go back over previous assignments with different clients and agencies for the full 2.5 years?

[teapot418]

Yes I'm on weekly payments and have sorted accelerate payments so paid within 7 days. Limited exposure on the 3 month contract, but I'd assumed they would go back over previous assignments with different clients and agencies for the full 2.5 years?

They can do that anyway, whether or not you're with a different agency or client. They need to investigate each engagement separately. Make sure you keep your tax investigation insurance up to date - they can go back six years.