Another IR35 Public sector question

[AskaLot]

I have a limited company and I'm currently contracted via an agency to a large private sector company that is working on a project that provides a service to a central Government department.

I'm confused, whilst I'm technically working in the public sector, I'm working via a private sector client.

My contract has all the usual goodies such as a substitution clause and I also employ my girlfriend to do all my admin etc.

My main question is, do the rule apply to only those working directly in the public sector, i.e. directly to the public sector department (albeit via an agent), or does the rule apply to people contracting to a private sector company working on government projects?

[northernladuk]

What difference do you think your girlfriend doing your admin makes?

[northernladuk]

Obviously plenty of people like you so there are a few articles about it and a very long thread started by psychocandy on the same topic.

Here is one of the articles. I think there are some others linked in PC's thread.

http://www.contractoruk.com/news/001...re_caught.html

Also check the search function in the FAQ section telling you how to use Google to search the forums. This has been covered in some of the threads but they are huge so might be hard to find.

You are very late to the party so need to do a lot of reading very quickly.

[eek]

See the link nluk posted.

The thing to remember is that the law has been written not to catch people and companies but to stop departments creating false "consultancies" to get round the rules.

Yes, the rules have the side effect of catching people supplied through consultancies but I don't believe that is the purpose of this rule. The purpose is to ensure the obvious tricks a department could use to get round the rules can't be used.

[cojak]

See the link nluk posted.

The thing to remember is that the law has been written not to catch people and companies but to stop departments creating false "consultancies" to get round the rules.

Yes, the rules have the side effect of catching people supplied through consultancies but I don't believe that is the purpose of this rule. The purpose is to ensure the obvious tricks a department could use to get round the rules can't be used.

Could you put the link in one of your placeholder posts int the 'What's changed?' please eek?

I would do it but Netiquette prevents me

[northernladuk]

Could you put the link in one of your placeholder posts int the 'What's changed?' please eek?

I would do it but Netiquette prevents me

I was thinking something similar but.more along the lines of a separate sticky. It's quite a distinct area that has added complexity over a normal engagement so would make sense to have its own thread to discuss.

[eek]

Could you put the link in one of your placeholder posts int the 'What's changed?' please eek?

I would do it but Netiquette prevents me

Done - will add to it over the weekend if anything interesting appears to add to it.