Staying in the same public sector contract after April 2017

[MPwannadecentincome]

You should only get support for a contract which falls inside the period you were an IPSE member surely.

Not sure how HMRC do their investigations, once they start presumably they look at all contracts so you may have some covered by insurance and others not... how then will IPSE/QDOS handle that I wonder.

[rob s]

Makes sense. Ta.

[northernladuk]

Not sure how HMRC do their investigations, once they start presumably they look at all contracts so you may have some covered by insurance and others not... how then will IPSE/QDOS handle that I wonder.

They will decide if they can win then they do the decent thing and take it all on. If they decide they won't they'll point out in their T&C's it doesn't cover contracts prior membership

When you say contracts, do you mean many contracts/renewals in one engagement with multiple clients. As IR35 in on a contract by contract basis I'd imagine they would only take the one engagement on that's caught their eye. If you moved to a new client with a new contract and get insurance it surely can't count. If you take membership halfway through say a 3 year gig with multiple renewals/contracts then I don't know. They shouldn't take it on as they couldn't control the original contract so shouldn't be exposed to the risk... but they could be happy to take it on anyway.

[teapot418]

ICBW, but I think both IPSE and QDOS cover you for tax investigation insurance while you are a member/customer, even if you weren't a member/customer when you undertook the contract, and stop cover when you stop being a member/customer.

Edit: and some accountants include PEI cover too - I know inTouch does.

[malvolio]

WE may be missing a trick here. consider...

The client says you are IR35 fodder, and (their agency) taxes you accordingly. You however are sure you are not, from your knowledge of the rules and in defiance of the client's view and the tools assessment (which is almost certainly wrong in law anyway). So you take the client to the EAT and claim employment rights, since the client is saying you are under their full direction and control and providing a personal service, ergo you have all the hallmarks of an employee so why not any of the rights. The client don't want you to win that one, so they are now forced to prove that you are outside IR35.

Would that work...?

As for IPSE cover, that applies unconditionally to all members and all contracts. They will not cover you for a pre-existing investigation, obviously (although they did once take on such a case in the early days to prove a point of law...) and their insurers will not defend a case which is guaranteed inside IR35 (although that hasn't happened yet to my knowledge). So IPSE membership or some equal level of PEI would appear to be even more of a no brainer than it is now.

[londonlad]

Guys, need suggestions/views/advise on this scenario.

Currently working for PS sector in current role for past 1 year. How about leaving the current role on 24th March (paid weekly), take a break for month or two. Come back to same organisation with new contract via same/new agency? Does that raise a flag?

Thanks

[northernladuk]

Guys, need suggestions/views/advise on this scenario.

Currently working for PS sector in current role for past 1 year. How about leaving the current role on 24th March (paid weekly), take a break for month or two. Come back to same organisation with new contract via same/new agency? Does that raise a flag?

Thanks

Well it won't make much difference if that helps?

[northernladuk]

So.. Some chump working on PS without a clue how to be a contractor who, some think were potential 'thrown under the bus' fodder continues with their head in the sand putting themselves at high risk of getting caught just get IPSE+ and gets defended.

Why does that slightly annoy me.

[malvolio]

So.. Some chump working on PS without a clue how to be a contractor who, some think were potential 'thrown under the bus' fodder continues with their head in the sand putting themselves at high risk of getting caught just get IPSE+ and gets defended.

Why does that slightly annoy me.

No idea...

[SueEllen]

Guys, need suggestions/views/advise on this scenario.

Currently working for PS sector in current role for past 1 year. How about leaving the current role on 24th March (paid weekly), take a break for month or two. Come back to same organisation with new contract via same/new agency? Does that raise a flag?

Thanks

If your username indicates your location find a private sector contract.