Staying in the same public sector contract after April 2017

[BoredBloke]

Good explanation. I'm in that situation at the moment.

So I've got contacts with both the agency and the consultancy but not really the end PS client. After all they are my clients customer so I dont feel its right for me to approach them.

In my case, though, what I've done is:-

1) Approach agency and tell them basically what you said above that they need to ask the question of the consultancy.

Answer: No its ok you're outside IR35.

Me: Please check this properly.

Answer: Umm. OK. Not sure - we'll get back to you on that one (this was before Xmas).

2) Approached consultancy client. Told them that I'd ask the agency to contact them and they, in turn, would need to contact the end PS client.

Answer: What? You're going to leave unless it gets sorted? Umm, no not heard anything from anyone. We'll check with head office and get back to you.

Me: Yes it needs to be sorted.

Answer: Dunno yet. But off the record, PS client knows nothing about this either. (again before xmas).


This is going to be the problem for a lot of people. Agencies aren't interested/too thick to work it out and would rather just hope for the best and sign people up. Consultancies/end clients just dont get it.

The payment in April idea also makes it a lot worse because, of course, it possible affects work up to a month before that.

Both of those conversations were before Christmas. It's now feb - have you not chased them. Looks like they are stringing you along hoping you won't leave. If I were you I'd be chasing both and serving notice if they cannot come up with an answer. Before you know it you'll sleepwalk into April.

[northernladuk]

Both of those conversations were before Christmas. It's now feb - have you not chased them. Looks like they are stringing you along hoping you won't leave. If I were you I'd be chasing both and serving notice if they cannot come up with an answer. Before you know it you'll sleepwalk into April.

His contract is up at the end of Feb. That said my money is on him taking a renewal and continuing on anyway. His history of making tough decisions and following them through is a tad patchy.

[psychocandy]

Both of those conversations were before Christmas. It's now feb - have you not chased them. Looks like they are stringing you along hoping you won't leave. If I were you I'd be chasing both and serving notice if they cannot come up with an answer. Before you know it you'll sleepwalk into April.

To clarify, it started before xmas and I have chased on a weekly basis since then...

I have made it clear to the consultancy client that unless something gets sorted I WILL leave at the end of my contract end Feb.

To be honest, I've got a very good relationship with them. I've explained how it works and my reasoning and they understand. Whether something gets done or not - we'll see.

[psychocandy]

His contract is up at the end of Feb. That said my money is on him taking a renewal and continuing on anyway. His history of making tough decisions and following them through is a tad patchy.

Tell you what NLUK if I stay and nothing is sorted then I'll post a picture of my dangly bits on CUK.

[BoredBloke]

To clarify, it started before xmas and I have chased on a weekly basis since then...

I have made it clear to the consultancy client that unless something gets sorted I WILL leave at the end of my contract end Feb.

To be honest, I've got a very good relationship with them. I've explained how it works and my reasoning and they understand. Whether something gets done or not - we'll see.

Fair enough - your post sounded like you asked them once and they left you hanging.

[psychocandy]

Fair enough - your post sounded like you asked them once and they left you hanging.

Aye. My bad...

[Lance]

DWP

An agent has approached me about a DWP contract. I asked the IR35 question.
He was honest and said that he doesn't know, and also that they are getting a LOT of similar queries. The message is getting through I think.

[FireOnion]

I Wonder.....

Newbie here. Have been reading the threads with interest over the past few days. Wondering if anyone has done a freedom of Information request to HMRC to ask how many consultants they have that are affected by their rulings?

[Lance]

Newbie here. Have been reading the threads with interest over the past few days. Wondering if anyone has done a freedom of Information request to HMRC to ask how many consultants they have that are affected by their rulings?

they don't know. The new rulings haven't come into force yet.
And even then they'll still probably not know, but that won't stop an announcement on how successful it's been at the next budget.

[Whorty]

What galls me about these possible changes, is not so much that HMRC want to class me as deemed employed and tax my £500pd as PAYE but that it also wants to class me as a company and make me pay employer NICS, make me have an accountant, insurance etc (OK last ones are kind of optional, but not really) and the costs associated with being a company.

If we are to be classed as deemed employees, for me the liability of employer NICS should rest with the 'employer', the client. If i'm no longer employed by my own LTD, then neither I or my company should be liable for the employer NICS. I can see this being one of the areas that could get challenged.

And before a smart-alec says, but your £500 pd is all inclusive, I'd argue yes .... if it goes to my company and it employs me and has the liability to ensure it picks up the correct NICS ... but we know this is where we've been for years and that is what Hector is trying to stop.

So glad I'm not in the public sector.

Cake and eat it anyone?