Outside IR35. Who suffers if it's the wrong call?

[BritishLad88]

I doubt it, what with them knowing about this stuff 'n all.

don't think anyone knows 100% all this stuff. As with any new laws & regulations, it will always be up for different interpretations. who's right? we'll know soon.

[jamesbrown]

don't think anyone knows 100% all this stuff. As with any new laws & regulations, it will always be up for different interpretations. who's right? we'll know soon.

Right, but this is at the core of the draft legislation, not peripheral. If QDOS really said that, then they're wrong, but I doubt they did or, if they did, meant it as you relayed it.

[CalmEddie]

So this is developing interestingly, their CERT results differ from my CERT results. One of the points is

If the client was not happy with your work, would
you have to put it right?

They say no, on the basis that "we don't ask contractors to do that, we still just pay them anyway"

I say yes, on the basis that the contract wording explicitly calls out liability on my part for just such an occurence, and they go into the fine print on insurance docs to check that this is the case. And in my day-to-day, if there is a mistake, I will work evenings and weekends to put it right. I've done this, and can evidence it.

I think that HMRC might very well have engineered this situtation deliberately, to lead reviewers to answer on the basis of day-to-day operations, rather that reviewing on the basis of what the contract says.

--------
Separate point - thinking ahead. I asked them what was the risk they are trying to mitigate? And they said that they want to be squeaky clean.

I'm next going to have a risk avoidance conversation with them. Which makes me think I need to flip my OP question around.

If inside later becomes determined by HMRC as outside, who feels the pain then?

So if I were to appeal in some way, and HMRC uphold the position that I should not be inside IR35, and I continue working. Presumably agent would need to start paying gross again, but is there any financial impact for agent and clientco?

[northernladuk]

So this is developing interestingly, their CERT results differ from my CERT results.

Didn't read anything beyond this.

[CalmEddie]

Fair enough Actually I can probably handle that bit, was just sharing my progress.

It's the bit below the ----- I would welcome comment on.

[northernladuk]

Fair enough Actually I can probably handle that bit, was just sharing my progress.

It's the bit below the ----- I would welcome comment on.

If the client is happy to and expects you to fix issues as part of your day rate what does it matter what you think you do. That's your choice. Permies can and do do that.
Can't see your view on the matter is relevant.

[eazy]

Correct defective work

If the client was not happy with your work, would you have to put it right?

"we don't ask contractors to do that, we still just pay them anyway"

My client as part of the role reviews which were carried out prior to individual assessments replied to the above question

No - "We don't ask contractors to do that, we just terminate the contract"