Same Role, classed inside for one PS and outside for another

[MonkeysUncle]

Hi all
So not sure if anyone else has encountered this:

I am currently working as a Project Manager (for a specific rollout) for an NHS Trust and the Trust has deemed me inside of IR35.
I recently got a call for another role, as PM (for the exact same rollout) for another NHS Trust however they have classed the role as outside IR35.
And then a call from another PS for a PM and again classing it as outside IR35.

I find it interesting that the same role can be classed as both inside and outside depending on the PS you work for. I would have thought it would make sense to be consistent across the PS.
Do you think its worth using this as support to question why the trust I currently work for have classed it inside when others have classed it outside? Does this give me some sort of grounds to question the decision?

Regards
W

[Neil@Intouch]

It certainly would. I would also look to complete HMRC's employment status tool to see where that puts you and use this:

https://www.tax.service.gov.uk/check...-for-tax/setup

[Finance]

Its pretty much up to the discretion of the PS to decide in or out. Some PS managers are less risk adverse than others.

[MonkeysUncle]

It certainly would. I would also look to complete HMRC's employment status tool to see where that puts you and use this:

https://www.tax.service.gov.uk/check...-for-tax/setup

I sat down with my manager and did this.
Based on what my manager thought the scope of my role/responsibilities etc are it came back as being inside IR35.
I would love to know what the other NHS trust have answered or how they have assessed the role to claim it is outside...alas hopes and dreams!

[northernladuk]

Sat down with who?

[BrilloPad]

HMRC can do what they want, when they want. Unless you have big pockets, or a lot of people in the same boat, you will have to suck it up.

[WordIsBond]

Maybe the other NHS Trusts are willing to accept substitution, and that's why it is outside.

[oliverson]

Sat down with who?

ha ha ha ha - some people just don't get it do they?

[TheFaQQer]

If the working practices are different between the trusts then that would explain the difference between the assessments - you may be allowed to substitute at one but not the other, one may have much more supervision, direction and control over you than the other, etc.

If the trust has assessed you as being outside then keep that written copy of the assessment and take that role.