IR35 PS - So anyone had the discussion yet?

[Lance]

Very honourable of you but why? Drop it like a hot brick and move on?

With so many unknowns it's risky but throwing blind incompetence in just goes too far.

It's the only interview I have lined up so not going to drop it until I see for sure. I've told them I'll walk if it ever becomes inside.

[LondonManc]

Very honourable of you but why? Drop it like a hot brick and move on?

With so many unknowns it's risky but throwing blind incompetence in just goes too far.

To highlight to all agencies that this doesn't just affect contractors. Their head in the sand approach is no better than the bum-on-seaters who are directly affected.

[Lance]

To highlight to all agencies that this doesn't just affect contractors. Their head in the sand approach is no better than the bum-on-seaters who are directly affected.

One would presume it's just the individual agents who don't get it. The legal teams for the mid-sized (and larger) agencies will know.
But the last thing they want is a mass walk out so they're dealing it with it ad-hoc right now I think.

I spoke to the agent and he says it'll be outside because of the nature of the data involved, and also the role. He says that PS body HR are well aware and on the case. Most contractors will be inside, but a smaller subset of IT staff with access to sensitive data will always be outside.
I'm not 100% convinced, but if the PS body are determined to keep a group outside then they do have the ability I believe.

[eek]

I'm not 100% convinced, but if the PS body are determined to keep a group outside then they do have the ability I believe.

Sensitive data does seem a very strange criteria to be using for inside / outside - but wait and see..

[Lance]

Sensitive data does seem a very strange criteria to be using for inside / outside - but wait and see..

that's what I thought but apparently it's related to FOI. I'm not going to name the organisation but it's an SC cleared role.

Not got an offer yet in any case.

[psychocandy]

Well there are a couple of things here..

A) You are inside already so how will giving you another contract make any difference.
B) You'll put yourself back inside whatever the contract says
C) No one, can or will ever be able to give you a contract that guarantees you are outside, particularly in the current situation...

So really you have your answer and you know what to do. Sadly I expect we are going to see endless threads on the same thing with the end result being you do nothing about it and stay in the same gig and stick your head in the sand like you already are.

Why do HMRC need a tool they've already got NLUK to decide based on everyones forum posts!

[psychocandy]

But they could indemnify you against any losses if they say you are outside ir35 and then you aren't. Unlikely but I know a friend who claims that his new contract with an NHS trust has that protection in it.

Details of what the 'protection' is?

[MrMarkyMark]

Why do HMRC need a tool they've already got NLUK to decide based on everyones forum posts!

There's another dead horse waiting once you have finished flogging that one

[eek]

that's what I thought but apparently it's related to FOI. I'm not going to name the organisation but it's an SC cleared role.

Not got an offer yet in any case.

My concern would be that that's semantics and hope rather than anything else. Granted that part of the department may not be subject to the FOI but unless its GCHQ the department as a whole probably is.

[northernladuk]

Why do HMRC need a tool they've already got NLUK to decide based on everyones forum posts!

Well you ask for advice on your personal situation and we are giving you it based on your own explanation of your situation.

What else are we supposed to do. Just nod and agree/sympathise with you?

Here you go...

Don't forget, I ain't the only one that's come to the same conclusions.