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Liability insurance/sickness when inside

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    #11
    Originally posted by Unix View Post
    This will be challenged in the courts, it's clearly unfair,
    Unfortunately, the law isn't about being fair.

    Originally posted by Unix View Post
    you can't be considered an employee in one sense but not the other.
    Actually, you can. That's the issue.

    Comment


      #12
      Originally posted by Paralytic View Post
      Link please for where Lloyds or Barclays (or for that matter GSK) have deemed contractors inside.

      Otherwise, please KUATB.
      Did you read the link? These companies are no longer going to engage with Ltd company contractors outside IR35! Defacto deeming them all inside.

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        #13
        Originally posted by Unix View Post
        Did you read the link? These companies are no longer going to engage with Ltd company contractors outside IR35! Defacto deeming them all inside.
        Wrong. There is a huge difference between a client not determining a role's status (via policy of having no active contracts as of April 2020) and determining a role within IR35.

        If you don't understand the implications of this, then I'd suggest doing some more reading of the threads in this forum.

        Comment


          #14
          Originally posted by Paralytic View Post
          Wrong. There is a huge difference between a client not determining a role's status (by having a policy of having no active contracts as of April 2020) and determining a role within IR35.

          If you don't understand the implications of this, then I'd suggest doing some more reading of the threads in this forum.
          The policy is the determination. Otherwise the policy would be to keep hiring contractors outside IR35.

          Comment


            #15
            Originally posted by Unix View Post
            The policy is the determination. Otherwise the policy would be to keep hiring contractors outside IR35.
            Wrong again. Go read what the determination actually is and the specific requirements the client has once that determination has been made.

            April 2020 changes to off-payroll working for clients - GOV.UK

            If you still believe you are correct, answer this:

            Do you believe Lloyds and Barclays has/will "pass your determination and the reasons for the determination to the worker and the person or organisation you contract with" (from that page) with respect to every contractor that has recently been notified of their future?

            Do you think they will "make sure you keep detailed records of your employment status determinations, including the reasons for the determination and fees paid" and "have processes in place to deal with any disputes that arise from your determination"

            They've made a policy decision so that they don't have to do this stuff.
            Last edited by Paralytic; 11 October 2019, 11:36.

            Comment


              #16
              Originally posted by Paralytic View Post
              Unfortunately, the law isn't about being fair.



              Actually, you can. That's the issue.
              Yup. It's been that way for yonks.

              Let me think, there's been Pimlico Plumbers, Deliveroo, Uber, some courier company. All fighting to prove one way or another.

              Comment


                #17
                Originally posted by Paralytic View Post
                Wrong. There is a huge difference between a client not determining a role's status (via policy of having no active contracts as of April 2020) and determining a role within IR35.

                If you don't understand the implications of this, then I'd suggest doing some more reading of the threads in this forum.
                They're not "having no active contracts" - they've said that all future contracts must be either under an umbrella company or on a fixed term contract direct with the bank. The policy isn't to currently deem all contracts inside IR35 now, their policy is to not engage anyone via a Ltd company in the future.

                source - am currently contracting with LBG and have received emails both from my agency and internally from the back saying this.
                • The meaning of life is to give life meaning
                • Worrying about tomorrow spoils today

                Comment


                  #18
                  Originally posted by DannyF1966 View Post
                  They're not "having no active contracts" - they've said that all future contracts must be either under an umbrella company or on a fixed term contract direct with the bank.
                  Ok, "having no active contracts directly via a PSC". I was trying to keep things simple to get the point over. Its gone quiet now so I think (s)he's finally got it.

                  Originally posted by DannyF1966 View Post
                  The policy isn't to currently deem all contracts inside IR35 now,
                  Yes, that's the point I was getting over. Thanks for reiterating.

                  Originally posted by DannyF1966 View Post
                  their policy is to not engage anyone via a Ltd company in the future.
                  I could be pedantic too and point out that its not that they will not engage anyone via a Ltd company, since that what MSCs will likely be
                  Last edited by Paralytic; 12 October 2019, 18:18.

                  Comment


                    #19
                    But we can see that you both agree with one another Paralytic.
                    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
                    - Voltaire/Benjamin Franklin/Anne Frank...

                    Comment


                      #20
                      Originally posted by edison View Post
                      I'm not sure about insurances but I think your employment status and tax status are separate in HMRC's eyes. I.e. you can be classed as an employee for tax purposes when inside IR35 but not qualify for any of the benefits like holiday pay.
                      you can be classed as an employee for tax purposes when inside IR35 but not qualify for any of the benefits like holiday pay
                      .

                      there is no case law to support that opinion.

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