Staying in the same public sector contract after April 2017

[neil99]

When I get calls about PS roles now I ask their views on the April changes. Unsurprisingly all have said they don't think it will apply. This ranges from "it can't work" to " there will be a way around it" to "ah but this role is exempt". I make a point of saying I'm going nowhere near the sector until there is clarity and the rates they are currently offering will yield them no decent contractors

For what it's worth, contractor doctor very kindly wrote my a lengthy reply about my concerns:

Public Sector: IR35 Concerns - Contractor Weekly

[northernladuk]

I just had a recruiter put the phone down on me when I challenged his assertion that the contracts with PS they were selling would definitely be outside of IR35.

Sadly he knows there are enough chumps that don't know or don't care about IR35 out there that will take it. What he doesn't realise is he's g9nna have to start again when that contractor leaves next April.

[northernladuk]

For what it's worth, contractor doctor very kindly wrote my a lengthy reply about my concerns:

Public Sector: IR35 Concerns - Contractor Weekly

That article isn't to be taken lightly though. The two questions for example...

1.Is the worker required to do the work themselves?
2.Does the engager decide or have the right to decide how the work should be done?

I've spent a lot of time badgering my client about these. I'd hazard a bet that a large number of roles in the PS will struggle to get anything but YES to both of those. It's taken a lot of work to prove to my client the answer to these is NO for me and have to constantly remind them which doesn't go down that well. I can't see how your standard permatractor PM or coder is going to do it.

You've still got to be very careful and can't rest on your laurels.

[neil99]

Sadly he knows there are enough chumps that don't know or don't care about IR35 out there that will take it. What he doesn't realise is he's g9nna have to start again when that contractor leaves next April.

I'm sure HMRC would be interested in the miss-selling and giving out adhoc tax advice that is wrong.

[SueEllen]

I'm sure HMRC would be interested in the miss-selling and giving out adhoc tax advice that is wrong.

I doubt few contractors are clever enough to catch them misselling as agents do it verbally.

[northernladuk]

I'm sure HMRC would be interested in the miss-selling and giving out adhoc tax advice that is wrong.

I very much doubt that.

[Hobosapien]

I doubt few contractors are clever enough to catch them misselling as agents do it verbally.

Maybe we should start those conversations with "one moment, just starting the audio recording". Whether we have that capability or not, to at least try to keep them honest. I know, that thought alone is

If there was proper regulation of agencies they'd have to record all their calls like many other sales people do.

I presume mobile phone plan sellers have to record their calls as a verbal contract when selling upgrades over the phone that aren't always what the buyer really wants or needs. For those I usually ask them to put the offer in writing/email and so far not one has been followed up that way so no sale. Maybe that's the best way to handle agent's BS to weed out some of the shysters. If it can't stand up to being put into email form then that speaks for itself.

[neil99]

I very much doubt that.

Let's call the IR35 help line and ask them?

[LondonManc]

So, when your PS contract is found to be outside IR35, how do you go about reclaiming money taken from you unfairly? Not least when you've already run your ltdco year end?

[jonnyboy]

I presume mobile phone plan sellers have to record their calls as a verbal contract when selling upgrades over the phone that aren't always what the buyer really wants or needs. For those I usually ask them to put the offer in writing/email and so far not one has been followed up that way so no sale. Maybe that's the best way to handle agent's BS to weed out some of the shysters. If it can't stand up to being put into email form then that speaks for itself.

ACR on Android (free app) records all incoming and outgoing calls. Now technically you have to tell the other person you are recording the call, but I view those dam annoying messages as permission (please note, calls may be recorded...") as in "you may" - so permission is normally granted from the get go... unless an agent calls you - still, better to have it recorded than not. I am sure there is something similar on iPhones.