Here we go again...IR35 determination

[BABABlackSheep]

And you didn't think about this when you joined as outside when you knew it was going inside?

I made my decision based on my contract and working practices at that time.

When covid came, all staff were sent home. The company had a rule that no contractors were allowed to work from home. Therefore, contractors were not allowed to bill whilst permanent staff were paid still.

Disguised employee? Really.

[simes]

Ok.. I’m with a client who blanketed all contractors inside IR35 last year.. before I joined.

Just as I joined IR35 got pushed back. All the contractors here are still outside.

My own determination for my particular role was Outside.

Company just sent an email out.. everyone blanketed inside again.

I have a new contract on the table till end of the year..

So.. what do I do..

..thoughts?

Can you confirm the following?

1. Is the client Private Sector? Am guessing yes.
2. Ref the email, are they blanket assessing everyone as being inside, OR, are they just saying they refuse to use contractors? If the former, one should be able to report them to the (probably ambivalent) HMRC.
3. Before going down that route, within said email, is there any provision to make them aware that they have to actually assess, and that they should, by April, confer following the completion of an SDS?
4. Have you got a name from whom the email came? Sound like they need to be educated. Easier said than done in a large blue chip.

Failing any bright ideas, keep renewing as Outside to April and if they want to chuck you Inside before then, remind them it is neither their right nor obligation to do so.

And before I get shot down in flames, I am completely aware that in large part, you might just end up in shouting at the moon. But, until one tries to educate, there won't be any education.

[ladymuck]

Other than your own determination of outside, what other evidence do you have?

[northernladuk]

And you didn't think about this when you joined as outside when you knew it was going inside?

[BABABlackSheep]

Ok.. I’m with a client who blanketed all contractors inside IR35 last year.. before I joined.

Just as I joined IR35 got pushed back. All the contractors here are still outside.

My own determination for my particular role was Outside.

Company just sent an email out.. everyone blanketed inside again.

I have a new contract on the table till end of the year..

So.. what do I do..


A) tell Mr HMRC I got it wrong for the last 6 months and pay up.
B)Switch to Brolly and hope they don’t come calling. Stick around.
C)As per B, but close ltd down in Jan
D)Stay outside till Jan and swap
E)Stay outside to Jan, leave.. try get another contract
F)Get the hell out now
G)Get the hell out now and MVL
H)Stay, swap to brolly next March if they keep me on(probably will)

..thoughts?