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Who is responsible for SDS in this chain

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    #11
    Originally posted by northernladuk View Post

    Otherwise known as the shotgun to the foot process.
    If you say so. I was going to leave before April 6th anyway due to retiring just wanted to know who in the chain was responsible as there are other contractors involved and being treated in such a way they are losing there contracts due to the larger companies forcing inside IR35 without any Determination of the roles all of which would be different.

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      #12
      Originally posted by Cyberspacejunky View Post

      If you say so. I was going to leave before April 6th anyway due to retiring just wanted to know who in the chain was responsible as there are other contractors involved and being treated in such a way they are losing there contracts due to the larger companies forcing inside IR35 without any Determination of the roles all of which would be different.
      If there is no determination then they are not being forced inside.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #13
        Originally posted by northernladuk View Post

        If there is no determination then they are not being forced inside.
        Unfortunately Company B or C have not done the determination (or if they have it never got to the worker in the chain) but Company B is getting rid of any contractors not willing to go inside IR35. I was just trying to help other contractors who have been treated badly by the process not being followed and having the name on a list they had no idea about. I agree with you but this is the way Company B has treated the situation - very badly IMO.

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          #14
          Originally posted by Cyberspacejunky View Post

          Unfortunately Company B or C have not done the determination (or if they have it never got to the worker in the chain) but Company B is getting rid of any contractors not willing to go inside IR35. I was just trying to help other contractors who have been treated badly by the process not being followed and having the name on a list they had no idea about. I agree with you but this is the way Company B has treated the situation - very badly IMO.
          So it's a blanket ban on contractors

          Perfectly valid and the path of least risk for the company (once any hold out contractors have left).
          merely at clientco for the entertainment

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            #15
            Originally posted by Cyberspacejunky View Post
            Company B is getting rid of any contractors not willing to go inside IR35.
            It may seem like the same thing, but the company probably has a blanket ban on contractors via PSCs. In short, they don't want contractors to go "inside IR35", they simply don't want contractors via PSCs anymore, so IR35 becomes moot and there is no need for an SDS.

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              #16
              Originally posted by jamesbrown View Post

              It may seem like the same thing, but the company probably has a blanket ban on contractors via PSCs. In short, they don't want contractors to go "inside IR35", they simply don't want contractors via PSCs anymore, so IR35 becomes moot and there is no need for an SDS.
              Unfortunately that's not the case here as they have some they are keeping but inside for this specific client of theirs and they have PSCs on other clients sites too. I have been informed my contract is being terminated because I won't go inside IR35 yet it was never discussed and they have advertised the roles elsewhere so the role is still available and it also isn't because I was doing a bad job. Like I said though I am not worried it was more for the other contractors that this happened to.

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                #17
                Originally posted by Cyberspacejunky View Post

                Unfortunately that's not the case here as they have some they are keeping but inside for this specific client of theirs and they have PSCs on other clients sites too. I have been informed my contract is being terminated because I won't go inside IR35 yet it was never discussed and they have advertised the roles elsewhere so the role is still available and it also isn't because I was doing a bad job. Like I said though I am not worried it was more for the other contractors that this happened to.
                Well, in that case, B or C (most likely C) will not be compliant post April 5 as they are required to issue a timely SDS. Obviously, the risks to them are not symmetric, though (had they allowed contractors to continue working outside without an SDS).

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