Bit of an odd one: I've been with a public sector client for over a year, who confirmed at start of contract I was determined as outside IR35. However, intermediary has just determined me as inside, apparently using a large external consultancy. They're refusing to provide an SDS or any reasons behind the determination - just verbal confirmation so far. (Despite that I've already having pointed out why I'm outside - and have even referenced relevant questions in CEST and provided evidence to back this up.)
Seems that they're trying to argue that the new IR35 rules don't apply until 6th April, so they have no obligation to provide reasoning - or a dispute process. However, if that was the case, wouldn't they be unilaterally changing Ts&Cs? If they've done a determination, doesn't the existing legislation at least require them to provide reasoning?
I know that in reality I've probably only got two options: (i) suck it up, contract inside through their appointed umbrella and try to dump all my salary straight into my pension - until I get something else, or (ii) leave before 31st March and explore legal options re: breach of contract.
Any thoughts?
Many thanks in advance!
Seems that they're trying to argue that the new IR35 rules don't apply until 6th April, so they have no obligation to provide reasoning - or a dispute process. However, if that was the case, wouldn't they be unilaterally changing Ts&Cs? If they've done a determination, doesn't the existing legislation at least require them to provide reasoning?
I know that in reality I've probably only got two options: (i) suck it up, contract inside through their appointed umbrella and try to dump all my salary straight into my pension - until I get something else, or (ii) leave before 31st March and explore legal options re: breach of contract.
Any thoughts?
Many thanks in advance!
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