Public sector contracting

[bracken]

Belt and braces

So as part of a new role I've been asked to complete the following:

* Candidate Registration Form
* CV for the past 10 years any gaps over 28 days in your CV history will need to be covered by a personal referee
* Verified copy of a passport
* Verified copy of address
* Onboarding forms inc basic disclosure certificate
* Tax Assurance Forms
* Accepted and signed T&C's
* Copies of the following documents:

Certificate of Incorporation

VAT Certificate (if applicable)

Proof of insurance

...and they wonder why people are deciding to stay in the private sector.

I'm also going through the same paperwork mountain at the moment. I've also had a word with my soon to be (not in the permie sense) line manager and she's happy to exchange a 'confirmation of working arrangements letter'...

When I went through all this a couple of years ago, the govt dept were happy to accept an independant contract review as evidence that I was outside of IR35 and sent me a confirmation email to that effect. Assuming the new (July 2014) contract passes the independent review and together with the working arrangements letter, I feel ok about the IR35 position.

B

[turbowoowoo]

Bracken

Can I please ask what was in your 'confirmation of working arrangements letter' ? was it purely on the right of substitution?

Also as these assurance forms are being asked during onboarding (ie before a contract is drawn up) do we just postpone answering these until Qdos/PCG carry out a contract review?

Thanks in advance

I'm also going through the same paperwork mountain at the moment. I've also had a word with my soon to be (not in the permie sense) line manager and she's happy to exchange a 'confirmation of working arrangements letter'...

When I went through all this a couple of years ago, the govt dept were happy to accept an independant contract review as evidence that I was outside of IR35 and sent me a confirmation email to that effect. Assuming the new (July 2014) contract passes the independent review and together with the working arrangements letter, I feel ok about the IR35 position.

B

[Batcher]

Bracken

Can I please ask what was in your 'confirmation of working arrangements letter' ? was it purely on the right of substitution?

Also as these assurance forms are being asked during onboarding (ie before a contract is drawn up) do we just postpone answering these until Qdos/PCG carry out a contract review?

Thanks in advance

[DaveB]

Pure scuttlebutt on the basis of an overheard conversation, but it looks like those working under the Cipher contract will be extended out to December on the same contract now ( assuming an extension is offered).

[Murder1]

Bracken

Can I please ask what was in your 'confirmation of working arrangements letter' ? was it purely on the right of substitution?

Also as these assurance forms are being asked during onboarding (ie before a contract is drawn up) do we just postpone answering these until Qdos/PCG carry out a contract review?

Thanks in advance

I've been provided a template CL1 contract with placeholders for the company name / rate / client etc and I've passed this through to QDOS for review which comes back via their IR35 public sector pack with a pass - I'm medium on the business entity tests as well.

I will say one thing, aside from the potential to be caught by IR35 for me the amount of paperwork and forms to complete is completely unnecessary and typical of the inefficiency within the public sector.

[bracken]

Arrangements Letter / Form

Bracken

Can I please ask what was in your 'confirmation of working arrangements letter' ? was it purely on the right of substitution?

Also as these assurance forms are being asked during onboarding (ie before a contract is drawn up) do we just postpone answering these until Qdos/PCG carry out a contract review?

Thanks in advance

I got a template from QDOS as part of the Public Sector IR35 review pack and used that. Not really a letter, more of a form to be honest. It covered all the main stuff IR35 stuff but in simple language - The big three of ROS, D&C and MOO were definitely in there along with things like that I could work where I wanted! I'll probably use something similar this time around...

I got a good indication that the contract would pass the review from another poster on the forum but I'll wait until I have my specific contract before getting mine reviewed (which should be a rubber stamping exercise).

B

[bracken]

a bit of feedback on how long it takes

Just to give an idea to others, mine has taken 4 weeks from the day I got the request for all the paperwork from Capita to the final assignment being issued to me yesterday, add a day for the express Qdos review and I'm finally ready to go.

Main things that seemed to delay were the agency taking up references especially where there are gaps in the CV - that bit was out of their control and I guess added a week or so. It also delayed with the internal Capita check of submitted paperwork and client confirmation that they can issue me with the Assignment, again about a week.

Main frustration is that it's such a linear process where they won't do 'X' until 'Y' is done and in reality there's no dependency. Good example is that they send you the overall T&Cs to sign and agree to without the completed assignment (which is the bit that covers what you actually have to deliver) but you can't get the assignment until you sign the T&Cs and I wanted the entire contractual agreement (T&Cs and assignment) for review. I therefore accepted the T&Cs subject to the assignment and a satisfactory contract review.

As I mentioned above, I once again exchanged a 'Working Practices understanding' e-mail with my perspective engagement manager (based on the Qdos questions) without issue.

B

[malvolio]

As I mentioned above, I once again exchanged a 'Working Practices understanding' e-mail with my perspective engagement manager (based on the Qdos questions) without issue.

To which the obvious questions are is how well does that align to the Ts&Cs in the contract, how much authority does the manager have to set working conditions and who arbitrates if there is a difference at any point?

[bracken]

To which the obvious questions are is how well does that align to the Ts&Cs in the contract, how much authority does the manager have to set working conditions and who arbitrates if there is a difference at any point?

To be fair, The contract is pretty good IR35 wise...the email exchange repeated the main points around MOO, D&C and substitution and was worded to be in my favour. He's my assignment manager so he's perfectly placed to be able to confirm my actual working practices. He's the one that any authority would contact in the event of a future investigation.

There are minor differences in the contract and the email. A good example is that the contract says that I need the client agreement to work from my own premises whereas my email exchange confirms that I can work from my own premises and makes no reference to requiring client agreement. What will actually happen in practice is that I will work from my own premises whenever it suits what I'm doing given that I have a long commute.

The whole point of the exchange was to confirm my actual working practices...I can't see the need for arbitration?

B

[TheLordDave]

I had the "request for evidence" letter arrive on my desk this morning. Now I remember why i avoid public service clients...