What's changed - FAQ

[teapot418]

My company is being offered a direct contract in the public sector. 99% of the work is done from my own office, and my company currently provides services for this public sector organisation via another company, a small consultancy, currently outside IR35. Have control, right of substitution, etc.

I understand the decision on whether the contract is within IR35 will now be up to the public sector organisation. Is there any way if I sign a contract now, that I can ensure the contract terms are such that it will be deemed outside of IR35, and that there is no comeback to me if it is later deemed to be inside? The organisation have an urgent need for my speciality so I may be able to dictate the terms.

I also dont want to take the contract if it has a high risk of being terminated in April because of the changes.

Advice appreciated.

Ask the organisation to make the determination now, and put it in the contract that both parties agree that the contract is not subject to IR35 (in proper legalese, obv.)

[electronicfur]

Ask the organisation to make the determination now, and put it in the contract that both parties agree that the contract is not subject to IR35 (in proper legalese, obv.)

Is there a way to avoid the scenario that they do that, and then come April they decide they don't want the associated risk and terminate the contract?

They need my services most urgently in the next two months, hence my question.

[teapot418]

Is there a way to avoid the scenario that they do that, and then come April they decide they don't want the associated risk and terminate the contract?

They need my services most urgently in the next two months, hence my question.

Not unless the contract has termination penalties, which is unlikely, and goes against MOO which is a key IR35 indicator.

[electronicfur]

Not unless the contract has termination penalties, which is unlikely, and goes against MOO which is a key IR35 indicator.

Thanks. Decided to walk away and go back to the private sector from now on.

[eek]

Added bit to the top - Is my client caught by the rules.

Moved the consultancy question up to slot in beneath it as both have been frequent questions.

Any improvements on either answer gratefully received.

[RonBW]

Added bit to the top - Is my client caught by the rules.

Moved the consultancy question up to slot in beneath it as both have been frequent questions.

Any improvements on either answer gratefully received.

One unknown on if the client is caught is what happens to certain agencies of departments that are exempt - eg MI5 are exempt from FoI but are part of MoD who are not exempt. So if I contract for MI5, so the new rules apply?

They are undoubtedly public sector but not subject to the definition for IR35 purposes.

[eek]

One unknown on if the client is caught is what happens to certain agencies of departments that are exempt - eg MI5 are exempt from FoI but are part of MoD who are not exempt. So if I contract for MI5, so the new rules apply?

They are undoubtedly public sector but not subject to the definition for IR35 purposes.

MI5 is the responsibility of the Home Office - and I'm not sure if its worth adding as it just adds complexity to what I think should be a fairly simple answers to the basic questions..

[RonBW]

MI5 is the responsibility of the Home Office - and I'm not sure if its worth adding as it just adds complexity to what I think should be a fairly simple answers to the basic questions..

OK - so are MI5 public sector or not? What about other parts of other departments who aren't subject to FoI?

I agree it adds complexity, but the point is that even on a simple question like this there isn't a straightforward answer.

[SueEllen]

OK - so are MI5 public sector or not? What about other parts of other departments who aren't subject to FoI?

I agree it adds complexity, but the point is that even on a simple question like this there isn't a straightforward answer.

MI5 are public sector but there are good reasons which anyone with common sense can work out why they aren't subject to FOI.

[RonBW]

MI5 are public sector but there are good reasons which anyone with common sense can work out why they aren't subject to FOI.

So they are definitely covered by the new legislation?