A few Questions.

[notahappybunny]

Hi everybody.

Very concerned about this so hope you don't mind a couple of newbie questions. (I have looked at other threads already but can't find the answers so apologies if already covered).

I am a contractor mainly in the Public sector via a Ltd company but it is almost certain I will be moving regardless whether my current contract, 4 months (originally 3 months, extended to 6 and already mooted to be extended again) is, eventually, ruled inside or outside of IR35.

Q.1. Is there a standard format to issuing a 28 day notice and on what basis do you serve it i.e. planned change of current contract not acceptable?

Q.2. Who would be responsible for insurances, liabilities etc should I go within IR35 post April 5th but via Ltd co (technically an employee without the benefits of holiday pay, sick pay etc?)

Many thanks in advance.

[cojak]

Hi everybody.

Very concerned about this so hope you don't mind a couple of newbie questions. (I have looked at other threads already but can't find the answers so apologies if already covered).

I am a contractor mainly in the Public sector via a Ltd company but it is almost certain I will be moving regardless whether my current contract, 4 months (originally 3 months, extended to 6 and already mooted to be extended again) is, eventually, ruled inside or outside of IR35.

Q.1. Is there a standard format to issuing a 28 day notice and on what basis do you serve it i.e. planned change of current contract not acceptable?

Q.2. Who would be responsible for insurances, liabilities etc should I go within IR35 post April 5th but via Ltd co (technically an employee without the benefits of holiday pay, sick pay etc?)

Many thanks in advance.

1 - No standard format, just and email to the agent that states that you are terminating your contract on X date as per your contract.

2 - I'm not sure about this. Your new company (the umbrella you work for) would be liable, but I'm not sure how they would pass liability. It will depend on the new contract - my contracts explicitly state a requirement for insurance.

[notahappybunny]

1 - No standard format, just and email to the agent that states that you are terminating your contract on X date as per your contract.

2 - I'm not sure about this. Your new company (the umbrella you work for) would be liable, but I'm not sure how they would pass liability. It will depend on the new contract - my contracts explicitly state a requirement for insurance.

Many thanks for the quick reply

1. - Simple enough thanks.

2 - For a variety of reasons the only way I would work inside IR35 would be through the Ltd Co with a considerable rate uplift. Umbrella is a 100% No and, as I receive a pension, so is direct employment.


As an aside I doubt I shall continue to work 150 miles away from home, stay in accommodation 3 nights a week, be financially worse off and be treated like an employee with none of the benefits nor able to claim expenses.

[LondonManc]

Many thanks for the quick reply

1. - Simple enough thanks.

2 - For a variety of reasons the only way I would work inside IR35 would be through the Ltd Co with a considerable rate uplift. Umbrella is a 100% No and, as I receive a pension, so is direct employment.


As an aside I doubt I shall continue to work 150 miles away from home, stay in accommodation 3 nights a week, be financially worse off and be treated like an employee with none of the benefits nor able to claim expenses.

You need to confirm the grounds on which you'll stay:

1/ The contract is confirmed as outside IR35 by the hiring PS department
2/ The contact is non confirmed as outside IR35; you'd need a rate increase and expenses covered.

Take it or leave it on their behalf. Rather than serve notice, see what they can come up with on the latter.

[notahappybunny]

You need to confirm the grounds on which you'll stay:

1/ The contract is confirmed as outside IR35 by the hiring PS department
2/ The contact is non confirmed as outside IR35; you'd need a rate increase and expenses covered.

Take it or leave it on their behalf. Rather than serve notice, see what they can come up with on the latter.

I can see what you are getting at however I worry about staying with the same PS and agency post April 5th even in an amended / extended contract and am wondering whether a break from both would be the wisest move regardless of the IR35 ruling.

[LondonManc]

I can see what you are getting at however I worry about staying with the same PS and agency post April 5th even in an amended / extended contract and am wondering whether a break from both would be the wisest move regardless of the IR35 ruling.

Yes, the larger concern would be the retrospective tax grab if you've been at the PS department a while. New department, new agency would be best and it's a whole new negotiation. The more contractors that leave, the better really because it shows how one idiot can bring the whole public sector into chaos with them even being an MP.

[notahappybunny]

What a shame..........28 day notice issued today.

[northernladuk]

Working days or calendar days?

[notahappybunny]

Working days or calendar days?

"If the Service Provider wishes to terminate the Agreement 28 days’ notice
must be given, in writing........."

Have been guaranteed all monies paid by 5th April so not working past 31st March either way....Agency peeved with PSB's decision to rule inside IR35 not mine to leave (line manager in shock).

One door closes etc etc

[rob s]

..... (line manager in shock).....

If they think it's bad now, wait till they see the cost of someone with half your experience from a big consulting co.