ROS questions changed in ESS Tool

[mnctraining]

I've had a play with the ESS Tool over the past couple of days. I'm filling the tool from the point of view of the worker (not that I like that term) on the basis that the contract hasn't started yet (current outside contract terminated due to blanket inside approach going forward)

But I'm using my existing contract terms and WP's to fill in tool (always comes up outside)

This morning I note that the initial ROS question has changed to-

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

I can't answer this yes or no. There is a right of substitution in the contract, it's never been tested (contract not started), but how can "I" answer a question related to what the client may or may not do.

[malvolio]

I've had a play with the ESS Tool over the past couple of days. I'm filling the tool from the point of view of the worker (not that I like that term) on the basis that the contract hasn't started yet (current outside contract terminated due to blanket inside approach going forward)

But I'm using my existing contract terms and WP's to fill in tool (always comes up outside)

This morning I note that the initial ROS question has changed to-

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

I can't answer this yes or no. There is a right of substitution in the contract, it's never been tested (contract not started), but how can "I" answer a question related to what the client may or may not do.

You can't easily, but it's the client that will be answering the question...

[DaveB]

The bigger issue is if they really are changing questions on the fly without telling people.

Thats going to cause major headaches down the line if people get a result inside or outside on one set of questions and a different result on another set. The entire concept of consistency goes out of the window.

If people can get screen shots of different version of the questions that would give another tool to beat HMRC with over this.

[teapot418]

The bigger issue is if they really are changing questions on the fly without telling people.

Thats going to cause major headaches down the line if people get a result inside or outside on one set of questions and a different result on another set. The entire concept of consistency goes out of the window.

If people can get screen shots of different version of the questions that would give another tool to beat HMRC with over this.

There is the option to print your results, so could do easily enough to pdf

Edit: That doesn't include the guidance - and I think that's changed. I know someone posted it earlier - off to have a looky.

Edit: Nope.

[hollyblue]

You can't easily, but it's the client that will be answering the question...

I didn't think it was the client answering the Q anymore, I thought it was the agency or whoever is paying the 'worker'?

[malvolio]

I didn't think it was the client answering the Q anymore, I thought it was the agency or whoever is paying the 'worker'?

No. The client makes the determination.

[teapot418]

No. The client makes the determination.

Agreed, but as Andy Hallett said, in many cases the agency will lead the process - they will run the tool and present the result for the client and contractor to agree. As it currently stands, the agent carries the financial risk if the wrong determination is made.

[RonBW]

This morning I note that the initial ROS question has changed to-

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

The question may have changed between the beta version(s) and the live, but the summary that I generated about half an hour after the tool went live on Thursday has the same question as it does today.

[Kingman66]

Dose anyone have a link to the latest version of the ESS tool please?

[teapot418]

Dose anyone have a link to the latest version of the ESS tool please?

https://www.gov.uk/guidance/check-em...status-for-tax