Staying in the same public sector contract after April 2017

[Andy Hallett]

From your perspective Andy, will you devolve all judgement to the online test results or work with contractors to justify an outside position?

The latter.

[eek]

Unless there are any curveballs in the final legislation we will be ready to go public on Monday 6th Feb.

[fidot]

We are already picking up contractors that have been direct.

Andy, please can you elaborate how that changes anything for the contractor?

[northernladuk]

The latter.

A little bit of me wanted to stay and work with my agent on this to see if we could work a win out. It is only a tiny little bit though. Instead I left and haven't looked back since

[malvolio]

Andy, please can you elaborate how that changes anything for the contractor?

Good question. AIUI an "at length" relationship is still held to the same rules and the worker is deemed to be caught by IR35. If you employ them the net result is the same, so I fail to see how this would work, other than by simplifying the PS client's decision.

And proving 20-odd thousand PS contractors to be outside IR35 by April is a bit of a stretch. Can you imagine the backlog of appeals...

[teapot418]

Andy, please can you elaborate how that changes anything for the contractor?

As the draft legislation stands, it does change things for the PS client in terms of risk. The liability falls to the payer. I'd imagine this is going to change though.

[Andy Hallett]

Andy, please can you elaborate how that changes anything for the contractor?

It changes nothing for the contractor. However it changes the liability for the client, i.e. it becomes ours.

[teapot418]

It changes nothing for the contractor. However it changes the liability for the client, i.e. it becomes ours.

Do you believe this will change in the final legislation?

[fidot]

As the draft legislation stands, it does change things for the PS client in terms of risk. The liability falls to the payer. I'd imagine this is going to change though.

I understand that, but Andy was saying that S3 were picking up a number of contractors who had been direct and I am trying to understand what benefit that is to the contractor.

[fidot]

It changes nothing for the contractor. However it changes the liability for the client, i.e. it becomes ours.

Thanks for replying. So, why do you think contractors are coming to you, rather than stay direct?