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Who is responsible for SDS in this chain

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  • jamesbrown
    replied
    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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  • Cyberspacejunky
    replied
    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.

    Leave a comment:


  • jamesbrown
    replied
    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.

    Leave a comment:


  • eek
    replied
    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).

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  • Cyberspacejunky
    replied
    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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  • northernladuk
    replied
    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.

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  • Cyberspacejunky
    replied
    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.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by jamesbrown View Post

    Yeah, but since they asked, I probably would. Better to cover your ****, even though it wouldn't constitute "fraud" to ignore their request. Overall, the best policy is probably not to ask questions at all and simply let the supply chain figure it out and carry the risk (post April, that is), but since the OP did ask questions and then contacted HMRC...
    Otherwise known as the shotgun to the foot process.

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  • jamesbrown
    replied
    Originally posted by northernladuk View Post

    I don't think you need to worry about anything past April anymore.
    Yeah, but since they asked, I probably would. Better to cover your ****, even though it wouldn't constitute "fraud" to ignore their request. Overall, the best policy is probably not to ask questions at all and simply let the supply chain figure it out and carry the risk (post April, that is), but since the OP did ask questions and then contacted HMRC...

    Leave a comment:


  • northernladuk
    replied
    Originally posted by Cyberspacejunky View Post
    I have been asked by the HMRC to report Company B as they have not taken reasonable care to provide an SDS..
    I don't think you need to worry about anything past April anymore.

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