Considering a new public sector role.

[Mordac]

Am loving that terminology.

It's not really starting. It's been looking like this quite a few months ago albeit at a higher level back then.

I haven't been paying much attention, as I've had very few dealings with PS roles, but two rather juicy sounding ones have surfaced in the last couple of days. I'll probably have to bin them off. Too many alarm bells for my liking.

[NomDePlum]

Looking to find out if recommendations on PS work is just not to take it:

Just been talking to a fairly high up member of a PS about some potential work. The PS is FOI so will be caught by whatever changes come in April but at present they has been no blanket decision from them that all Ltds will be inside. I don't think they have given it much thought yet from talking to my contact. Regardless I'll not be taking it if there is even a hint of them saying it is inside.

Piece of work is really pretty open ended in that I can pretty much write my own spec and deliverables as they are looking for me to apply my experience to ongoing changes and provide feedback/recommendations potentially identifying more discrete work that can be discussed at a later point. I'm usually on the tech end of contracting but this is definitely more consulting/process. It is going to be a bit of a challenge by all accounts but sounds pretty good none the less.

I'll most probably have to go through an agency - although will probably be able to choose from a number they use so I should be able to get the contract changed as needed and will of course get it reviewed most probably by Bauer & Cottrel as used them before.

I'll not be under direct control or supervision other than identifying criteria/requirements which I'll have placed in a statement of work or similar. I'll decide where I need to be to carry out work and how it is done, some of this will be onsite but how much/when will be down to myself. I'm going to insist on no notice on the end clients side and minimal from my company as much as this is going to be work that might end at any time once deliverables are met and in case at some point the PS decides everyone is inside post April. Obviously no mutual obligation, although I do anticipate there may be more work if it suits both parties. Also considering asking a friend who could do this work as well to consider being a stand in substitute and have him provisionally checked as part of this engagement by PS/Agency. I may or may not have the clout to get this done but seems like a reasonable step if I can to firm up any substitution clause with even the vague chance it might actually be used. All the previous points will be reflected in working practice of course.

Its going to be Time and Material contract and not fixed price and I'll be looking for a good rate. Any red flags or recommendations, other actions I should consider?

I'm taking the view that even post April IR35 is still the same in terms of determination. Seems logical to me but there is so much up in the air around PS's and IR35 now really looking for others opinions.

[northernladuk]

Flags and recommendations? It's not like we aren't discussing it the moment or anything

[breaktwister]

I guess the best approach to PS offers right now, if they are unsure or non-committal on IR35, is to wait and get them to run ESS and provide their determination?

[NomDePlum]

Flags and recommendations? It's not like we aren't discussing it the moment or anything

I've been reading through the various forum posts and taking notes but always good to get some personal attention. Besides a lot of the posts seem to start off with the premise that come April everyone will be inside if the are in the PS so just trying to open up the other end of that discussion as my intention is to make sure my contract and working practices are way outside.

[NomDePlum]

I guess the best approach to PS offers right now, if they are unsure or non-committal on IR35, is to wait and get them to run ESS and provide their determination?

I'm available now, although just finished a fairly long PS contract so some down time wouldn't be dreadful. Also I have my doubts that the PS even knows what ESS is yet never mind being in a position to run it and provide determination. Is it even available to PS's if it is only in Private Beta?

[breaktwister]

I'm available now, although just finished a fairly long PS contract so some down time wouldn't be dreadful.

Sitting on the bench til the smoke clears would be much preferable IMO to taking a PS contract with an "unsure" client who could then turn around and "inside" you with the associated risk of HMRC retro-investigation.

[notahappybunny]

Sitting on the bench til the smoke clears would be much preferable IMO to taking a PS contract with an "unsure" client who could then turn around and "inside" you with the associated risk of HMRC retro-investigation.

That is my intention if no private pops up.........although current PS client has asked me defer giving 28 day notice for a few days whilst agency seems intent on trying to manipulate me into umbrella.

[NomDePlum]

Sitting on the bench til the smoke clears would be much preferable IMO to taking a PS contract with an "unsure" client who could then turn around and "inside" you with the associated risk of HMRC retro-investigation.

My intention is to walk them through why I am outside and making sure that is part of the engagement and making it clear that if I am ever inside then I am off. I do think that Aprils consequences will hit but if I have all my outside IR35 ducks lined up and there is no blanket decision then surely my exposure is however long it takes them to process me through ESS. I haven't done any work for the PS before and haven't worked via any of the agencies they have mentioned so other than now until April would retrospective even be a thing?

[northernladuk]

Why not give Andy Hallett at S3 a call. He obviously knows as much as anyone about this and must be struggling to fill roles. You know what you are doing and what your need, Andy knows. Work together and cherry pick the role you want