IR35 reforms - definition of Public Sector?

[TedStriker]

Hi,
Up until a year ago I was working through an agency for the NHS as a contractor, outside IR35. The NHS organisation was disbanded and my contract was carried over to a private company (Kier), still through the same agency, who now provide those services to the NHS. My agency thinks that as Kier's end client is still public sector that my contract with Kier could fall under the upcoming IR35 reforms. My role did not change significantly when Kier took over and on a day to day basis I provide services to the NHS via support for GP practices etc.

I'm getting nowhere with Kier and my agency is close to just taking the easy option and switching us to PAYE.

Is there a definitive list of what bodies are covered by the reforms? Do the reforms apply to such companies as Capita, ATOS etc who provide services to public bodies?

Thanks,
Ted

[cojak]

Your question is covered in this thread.

Public Sector or Not?

[eek]

Your question is covered in this thread.

Public Sector or Not?

Actually its not covered. The question sounds like the consultancy issue:-

Is Kier providing a complete service to the NHS including managing of the services provided or is it providing a bums on seats to the NHS who then perform the same tasks as other NHS employees do? The first option is outside, the second is inside but I can't work out from the OPs description what Keir provides.

Actually thinking about what Kier actually does I suspect its covered in one of the guidance examples as outside. See https://www.gov.uk/government/public...s-do-not-apply but you need to define exactly what you do...

[cojak]

Oh, right you are.

[LondonLad1978]

Hi All

I am a newbie here, and unsure where I stand.

I work in a specialist field within the public sector, through my PSC. I get my contracts through a specialist agency, and approximately 90% of my contracts are working for a Local Authority (LA), so this would clearly fall under the new rules.

There are however, a small number of private sector companies which offer "outsourced" or "off-site processing" services to LA's. These also, on occasion, use short-term agency recruitment. I am looking to leave my LA contract, and take a new contract with one of these private firms. To clarify, my PSC's client would be the Private company, and would work either from my home office, or in their offices. I would have no direct connection to any Public Sector body, and nor would I be working alongside Public Sector staff, or in a public sector office.

I assumed that this would mean the new rules would not apply to me. However, my agency advises me that as the "end client" of the private company is Public Sector, I would still be deemed to be in PS employment, and they would still deduct Income Tax and NI.

I think they are wrong. Can anyone please help?

[tomski]

In the same boat

Hi,
Up until a year ago I was working through an agency for the NHS as a contractor, outside IR35. The NHS organisation was disbanded and my contract was carried over to a private company (Kier), still through the same agency, who now provide those services to the NHS. My agency thinks that as Kier's end client is still public sector that my contract with Kier could fall under the upcoming IR35 reforms. My role did not change significantly when Kier took over and on a day to day basis I provide services to the NHS via support for GP practices etc.

I'm getting nowhere with Kier and my agency is close to just taking the easy option and switching us to PAYE.

Is there a definitive list of what bodies are covered by the reforms? Do the reforms apply to such companies as Capita, ATOS etc who provide services to public bodies?

Thanks,
Ted

Hi TedSriker, I'm also with eMBED and am being pressed by Badenoch and Clark to acceptable full-fat PAYE deductions on any contract from April onwards. Can't get anyone in Kier to give the agency a definitive answer. My agency mentioned the option of going in under a Statement-of-Work, but that will be difficult to arrange. Please can you PM me if you manage to make any progress and I will do the same.

Many Thanks

Tom

[administrator]

Hi TedSriker, I'm also with eMBED and am being pressed by Badenoch and Clark to acceptable full-fat PAYE deductions on any contract from April onwards. Can't get anyone in Kier to give the agency a definitive answer. My agency mentioned the option of going in under a Statement-of-Work, but that will be difficult to arrange. Please can you PM me if you manage to make any progress and I will do the same.

Many Thanks

Tom

Account upgraded so you can use the PM system.