How long does it take to prepare SDS?

[rapsberry]

I was offered a new contract Outside IR35, which will start in mid-March. When I asked to send me SDS, the consultancy firm replied that it will take them 8 weeks to prepare it. I was told that their contractors like myself went through status determination and were given outside status and I should not be worried.

Could someone suggest is there any valid reason status determination can take such a long time or they just want me to start and then put me Inside IR35?

[northernladuk]

No and it must be in place before you accept the contract. This is an absolute and I would be very surprised if both the client and agency don't know this.

Don't accept this from them. Go back ans push them harder. If they don't fold send them the links to the Gov site.

If that still doesn't make them move then walk away. Something fishy is going on.

[northernladuk]

Something like this.

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

Who to tell about your determination

From 6 April 2020, you must provide the worker and the agency, or other organisation you contract with, your determination. Do this whether your determination shows that the off-payroll working rules will apply or not.

The only way they can not do this is if they are a small company.

Show them that and ask them to rethink.

[GhostofTarbera]

Something like this.

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



The only way they can not do this is if they are a small company.

Show them that and ask them to rethink.

Surly they have until 6th April to provide one.



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[cojak]

Then they have 6 weeks to get it sorted.

But I’m with the OP, after 6 weeks they’ll probably move him inside.

[northernladuk]

Surly they have until 6th April to provide one.



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True but that's less than 8 weeks and at best a very shabby carry on if they aren't prepared for this. Every other gig out there has a determination coming with it so why not this one.

[CheeseSlice]

They're keeping their options open whilst closing yours.

Are you open to working inside, and have you discussed your 'inside price' with them? I'd be making it clear to them how this works.

[jbeer]

So the document says 'From 6 April 2020', it doesn't say 'by 6 April' or 'on 6 April'. Is there somewhere where it states if you have an existing contract running past 6 April where the contractor is outside Ir35 that the contract has to be terminated and the Ir35 status determined by the client?

[northernladuk]

So the document says 'From 6 April 2020', it doesn't say 'by 6 April' or 'on 6 April'. Is there somewhere where it states if you have an existing contract running past 6 April where the contractor is outside Ir35 that the contract has to be terminated and the Ir35 status determined by the client?

Surely you've answered your own question? You are being far too picking about 'From' and 'on'. Adding confusion where there doesn't need to be. When the legislation kicks in the liability changes and the client/agent/whoever has to do an SDS. That will need a new contract.