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Bit of advice? Venting...

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  • northernladuk
    replied
    Originally posted by Paralytic View Post
    Wrong again. Let's see if the OP comes back to confirm what the client actually said.
    Whatever. Just be more careful when mention two different models in the same post.

    Leave a comment:


  • Paralytic
    replied
    Originally posted by northernladuk View Post
    And now you are guessing. The OP has stated a fact and it's all we have to go on. You mentioned two different situations in your post. One of them has to be wrong.
    Wrong again. Let's see if the OP comes back to confirm what the client actually said.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by Paralytic View Post
    I think it's premature to say it was wrong. I'd bet all my Dogecoin that the client has not determined everyone inside.
    And now you are guessing. The OP has stated a fact and it's all we have to go on. You mentioned two different situations in your post. One of them has to be wrong.

    Leave a comment:


  • Paralytic
    replied
    Originally posted by northernladuk View Post
    Correct but again, you've got to be very careful with the statement. Correcting a wrong statement later isn't helpful, particularly when people are trying to learn what's going on.
    I think it's premature to say it was wrong. I'd bet all my Dogecoin that the client has not determined everyone inside.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by Paralytic View Post
    Yes, which is why i said (cut from you quoting my post):
    Correct but again, you've got to be very careful with the statement. Correcting a wrong statement later isn't helpful, particularly when people are trying to learn what's going on.

    Leave a comment:


  • Paralytic
    replied
    Originally posted by northernladuk View Post
    I think there is a terminology issue you have to be very careful about as the options could be different. They haven't said they won't engage with PSC's. They've said everyone is inside. The result might be the same but the path is very different. A blanket inside determination is illegal I believe and there is potential actions that can be taken. Surely every single gig can't be inside so options for challenging this and taking it all the way. I think someone has to do this to make a statement about how unfairly HMRC's rules are being. We've got to hope someone stands up.

    Stating they aren't going to engage with PSCs means they don't have to do a determination which closes the above option.

    Blanket inside is not the same as not engaging with PSC's. Point of pedantry but an important one.
    Yes, which is why i said (cut from you quoting my post):

    I think the most important thing for you to do now is actually clarify if they are (as you say) finding everyone inside IR35 (ie. issueing a determination) or are actually (as i suspect most clients will do) just no longer engage with PSCs.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by Paralytic View Post
    I'd just accept they're not going to engage with PSCs from April (this thread should become a sticky as it'll be a common theme for the next couple of months) and you have to either join an Umbrella or leave.
    I think there is a terminology issue you have to be very careful about as the options could be different. They haven't said they won't engage with PSC's. They've said everyone is inside. The result might be the same but the path is very different. A blanket inside determination is illegal I believe and there is potential actions that can be taken. Surely every single gig can't be inside so options for challenging this and taking it all the way. I think someone has to do this to make a statement about how unfairly HMRC's rules are being. We've got to hope someone stands up.

    Stating they aren't going to engage with PSCs means they don't have to do a determination which closes the above option.

    Blanket inside is not the same as not engaging with PSC's. Point of pedantry but an important one.

    Leave a comment:


  • eek
    replied
    As LM points out

    I really doubt they've said everyone is inside IR35 - what they will be saying is that they won't be using labour provided via Personal Service Companies or words to that effect.

    Leave a comment:


  • Paralytic
    replied
    I'd just accept they're not going to engage with PSCs from April (this thread should become a sticky as it'll be a common theme for the next couple of months) and you have to either join an Umbrella or leave.

    I think the most important thing for you to do now is actually clarify if they are (as you say) finding everyone inside IR35 (ie. issueing a determination) or are actually (as i suspect most clients will do) just no longer engage with PSCs.

    This could be a factor in whether you decide to leave or stay.

    Leave a comment:


  • ladymuck
    replied
    Essentially what's happened is that the company you originally worked at has taken on the risk appetite of the company they've merged with and their ways of working.

    I think the statement
    Clientco have announced today that they have decided that from April 2021 all contractors will be inside IR35
    is concerning.

    If your client has indeed issued a blanket determination for all contractors then they are (IANAL so do check) in breach of the regulation as that does not show the right level of care being taken.

    If they have taken advice from a good source, I am sure they have a proper form of words in their communication and you've chosen to interpret it differently.

    Leave a comment:

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