Originally posted by eazy
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SDS Appeal
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Originally posted by eazy View Post"Would they really state in an SDS that they would breach one of the terms of my contract of employment or am I missing something?"
The contract is normally between your Ltd company and the Agency, the client is not party to this agreement, therefore they are not breaching any terms at all. Have you seen the upper contract between the agency and the End Client.
The client is at liberty to state that they will not accept a substitute, this makes it very difficult to get an outside IR35 status determination.Comment
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Originally posted by Blencathra View PostSo there are terms in my contract with agency that may not be reflected in the upper contract with the client. Surely that makes my contract with the agency almost meaningless from a legal standpoint.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by northernladuk View PostSo you lodge an appeal, leave before they have a chance to respond and.... and... Ermm..
That will show them..
So this isn't a real thread. Its just a rant.Comment
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Originally posted by Blencathra View PostSo there are terms in my contract with agency that may not be reflected in the upper contract with the client. Surely that makes my contract with the agency almost meaningless from a legal standpoint.
The agency are the one with the problem in that if there is a mismatch they are the ones on the hook. And that's why they have short notice periods, usually shorter than the upstream notice.
As for RoS. In most cases it's a sham. Most clients wouldn't accept and most agents wouldn't either as they'd want the sub as their man onsite. In that regard it's equally a sham so probably one of the better balanced clausesSee You Next TuesdayComment
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Originally posted by Blencathra View PostThis whole IR35 discussion seems to be about taking action to reduce risk of a retrospective HMRC investigation. I happen to think that an 'on the record' appeal against a client's inside IR35 determination setting out my reasons for my previous outside self-determination may support my position as opposed to what could be interpreted as a tacit acceptance of the client's determination if I leave without lodging an appeal. You may disagree.
If you are happy to be on HMRCs radar with weekly reminder texts and phone calls asking for a large sum of money then continue in your current role. But an SDS appeal doesn't change the fact your client thinks you are doing a job inside IR35 which will make any appeal a lot harder.
Also I don't think HMRC are hoping for cases to go to court, they want to make things painful for you for 5+ years until you give in and pay up. Remember there are still loan cases awaiting hearings where the loan itself was taken out before 2010 - HMRC can play a very long game and slowly increase the stress...merely at clientco for the entertainmentComment
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Originally posted by northernladuk View PostWelcome to contracting.Comment
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Originally posted by Blencathra View PostSo people are paying for IR35 reviews of their contracts with agencies when what they should be reviewing is the upper contract between agency and client (or possibly both). This is a mess.See You Next TuesdayComment
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Originally posted by Blencathra View PostSo people are paying for IR35 reviews of their contracts with agencies when what they should be reviewing is the upper contract between agency and client (or possibly both). This is a mess.
And it's fair for everyone to assume that the contract the agency gives you reflects (to a very reasonable level) the contract the agency has with the end client.merely at clientco for the entertainmentComment
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Originally posted by Blencathra View PostSo people are paying for IR35 reviews of their contracts with agencies when what they should be reviewing is the upper contract between agency and client (or possibly both). This is a mess.
This whole IR35 discussion seems to be about taking action to reduce risk of a retrospective HMRC investigation. I happen to think that an 'on the record' appeal against a client's inside IR35 determination setting out my reasons for my previous outside self-determination may support my position as opposed to what could be interpreted as a tacit acceptance of the client's determination if I leave without lodging an appeal. You may disagree.
I don't need to disagree, there is no factual evidence that supports your actions. All I see is another contract being a bit of a tit for no apparent reason or gain which is going to do more damage for other contractors than good.
As I say, the appeals process won't kick in until after April when the legislation kicks in so you all you are doing is looking like a trouble maker.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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