The Decision Tool :)

[sal]

did you answer

Would the end client accept the worker's business sending someone else to do this work instead? truthfully?

You need to be able to send someone in without your end client insisting on interviewing them - the devil is in the explanatory detail for that question...

Some clued up PS clients will accept the "risk" of you sending someone to do your job "on paper". If the risk for failed projects is greater (as it will most likely be if they lose you because of IR35).

If someone tries to be cheeky and actually uses the clause they can always hold the sub at reception until the ID card/user accounts etc. are being prepared... which make take days... as a no work is performed they don't have to pay for that period... and then you come back from your holiday.

Or they accept the person, but find they are not a good fit, while still "Equally skilled and not interviewed by the client" for the team and send them home.

In both cases the answer to "Would the end client accept the worker's business sending someone else to do this work instead?" is Yes

It's a sham - yes, but as long as everyone is prepared to play it's part in it, it's a quick way out of this mess for everyone involved.

[vwdan]

Equipment - Significant tools needed to do the work (Not including items already owned by the workers business).

That bit in quotes is a right scam - so the fact I use my own laptop and specialist software is immaterial unless I buy it during the engagement?

Still got Outside, answering honestly for my current gig, but I don't like some of those additional qualifications they've popped in.

I suppose one possible outcome from all this (Once it's all gone wrong, of course) is that people do actually start engaging contractors 'properly'. More flexibility, more project based pricing etc.

[jamesbrown]

Interesting one still.
Has worked in the past regularly, what does it mean?

Generally clients are useless at dealing with keeping in contact with good, past, contractors.
I have bought some back for my current client a number of times.
It suited me as I knew they would get the particular project done and we would have a bit of a crack doing it.

Furthermore we could be possibly be described as a circle-jerk of mates

Yeah, you need to look at the tool for the precise wording, but I think they're trying to avoid the situation I described where the sub is well-known to the client. That being said, I don't think their view of a sufficiently unfettered RoS is consistent with case law.

[psychocandy]

did you answer

Would the end client accept the worker's business sending someone else to do this work instead? truthfully?

You need to be able to send someone in without your end client insisting on interviewing them - the devil is in the explanatory detail for that question...

To be honest I dont they would want to interview them. They'd be very wary and want to know exactly who this person was and what skills they had and how they were up to speed etc. though.

[vwdan]

Some clued up PS clients will accept the "risk" of you sending someone to do your job "on paper".

I do so hope that all this effort just winds up in a situation where clients are as invested in avoiding IR35 as we are. It'd be pretty ******* hilarious if the end result is loads more contractors in a stronger outside position.

RoS is a load of crap, anyway. If I hire a builder because I trust his work, I'm probably not going to be super happy if he says "I'm off on holiday, my brothers mate is coming round to fill in."

[eek]

I do so hope that all this effort just winds up in a situation where clients are as invested in avoiding IR35 as we are. It'd be pretty ******* hilarious if the end result is loads more contractors in a stronger outside position.

RoS is a load of crap, anyway. If I hire a builder because I trust his work, I'm probably not going to be super happy if he says "I'm off on holiday, my brothers mate is coming round to fill in."

It depends what's he's coming in to do. If he's in to do x because he's better at x that's not a problem....

[philo]

That bit in quotes is a right scam - so the fact I use my own laptop and specialist software is immaterial unless I buy it during the engagement?

Still got Outside, answering honestly for my current gig, but I don't like some of those additional qualifications they've popped in.

I suppose one possible outcome from all this (Once it's all gone wrong, of course) is that people do actually start engaging contractors 'properly'. More flexibility, more project based pricing etc.

Yea I dont get this one about the equipment. at first thought that sorts it as you can't charge it back to the company but seems a bit mad if you had to buy a new laptop or whatever for each contract - especially if running multiple contracts at once or 3 month contracts at different PSOs.

Or does a new USB stick count as new equipment so you store all work relating to that contract on a different drive? Is it as simple as that - couldnt really argue with it could you?

[RonBW]

That bit in quotes is a right scam - so the fact I use my own laptop and specialist software is immaterial unless I buy it during the engagement?

A couple of weeks before my contract started, my laptop died. I didn't need one, I was between gigs and had an old one that still worked plus a desktop. Client explained that it would be much simpler if I used my own laptop when I went to their site, so I needed to go out and buy one specifically for the contract.

I wouldn't normally, but just that little chance happening means that I can honestly say that I had to get specialist equipment for this role - which pushes me even further outside IR35.

[vwdan]

It depends what's he's coming in to do. If he's in to do x because he's better at x that's not a problem....

But that's not substitution, is it - there's already another question about subcontracting out.

[eek]

But that's not substitution, is it - there's already another question about subcontracting out.

True, but its a better way of doing it then just bringing someone because you want a holiday... Firstly you are giving the end client a valid reason for that guy coming in without being interviewed (he's better at x than I am) and secondly it gives the customer the perception of a better delivery...

Oh and from memory I don't remember seeing the subcontracting question before the substitution one when you answer no to the has this person started question....