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Devil = detail
If a contractor is subject to an investigation and, during the course of the enquiry, HMRC decide that there isn’t a valid right of substitution, the policy will still cover the contractor – unless the contractor was specifically aware that this was the case
Assuming there is...
Not sure this needs much resolving.
Has your line manager (for want of a better, more B2B word) ever seen your contract or have you signed some vanilla 'IR35' friendly thing from an agency? Does the agency contract to client and agency contract to you match? (Easy email to agency and document...
It's all pretty straightforward, if QDOS need to step in then it'll be done on a case by case basis, understanding that they will want a high chance of winning.
Points such as
• The policyholder is able to exercise a Right of Substitution.
• The policyholder has autonomy over their method of...
I feel QDOS insurance has reduced over time, with under the hood requirements to take on a case appearing to increase to ensure they can in all likelyhood win any case they support right to the end.
It's not expensive though, and at least gives you a point of contact if you receive a HMRC...
The point in time nature of the IR35 assessment reviews and Working Practice assessment reviews would lead to this conclusion. The insurance cover is weakened IMO with judgments that appear to overlook what used to be useful arguments. It is better than nothing, but now liability is shifting and...
But it's never that simple. It's the relationship you have with the client versus a perm that's more important. Perm WFH may need approval, business should not. Conversely, being in the office 5 days a week may be the only way to get things done when you provide a service. The first point should...
My concern is that weight is given to anything, in these dark times it appears anything can be easily knocked away. Assume everything has equal weight and get as much evidence as possible.
I strongly suspect that HMRC are looking for those 2/3 years same place, high revenue contractors with a belief that those will be big ticket items, think that's always been the case. Also, if any of them do get to court, the judge, however neutral they are before a case begins, will at least be...
Well within a furlough period I am offered no work, at a time when I am unavailable for work I accept no work. When furlough is set across the entire contractor base and soley for the entire contractor base. With all perms fighting to agree time away from the office over Christmas, I see that as...
Did the PM not even once get furloughed at Christmas time to save project costs?! Seems to be common in finance.
That would cover lack of MOO in contract.