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Previously on "Determined outside, then client stopped paying and start IR35 determination"
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I should get paid by the end of the week. If I'm outside IR35, it should come. So hopefully all good.
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Originally posted by cwah View PostIt was given by HR.....
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Originally posted by cwah View PostMy SDS has determined that I'm self employed.
Does that mean outside IR35?
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My SDS has determined that I'm self employed.
Does that mean outside IR35?
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Originally posted by Lance View Postthe critical point about payment is when the client pays the agent, not when the agent pays the contractor.
The agency is very likely paying up front.
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Originally posted by LondonManc View Post
I can understand it being indeterminate until after the interview, to see how good the actual candidates are - one might need more hand-holding, but be cheaper whereas the other one can self-manage and hit the ground running, completely unsupervised and would be outside. They could also be a returning contractor, known entity, minimal learning curve for inhouse systems and processes, etc.
A client should know on what basis it wants to engage a resource on right from the start. Need appears, they decide if they want a bum on seat or supplier. They could even do the CEST to help them decide what risks they want to take and then they go ask the agent to find them an outside or inside resource.
Determining based on the individual contractor is ridiculous as that contractor doesn't determine the engagement and doing it after the contractor has got the gig is just rubbish for everyone concerned.
Didn't realise the process was so utterly ****ed up. I thought the do CEST on the role, then go resource for it.
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Originally posted by eek View Post
Inside IR35 - obvious
Outside IR35 - we don't know if the contractor needs handholding / has a clue and we equally don't know if the PM is a micromanaging moron.
I'm sure the TheFaQQer can explain IPSE's reasoning - as I can understand why REC and end clients would want this situation but not a clue as to why contractors would want it.
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Originally posted by northernladuk View Post
Wow. That's utter madness. How is that supposed to work for the person applying.
Outside IR35 - we don't know if the contractor needs handholding / has a clue and we equally don't know if the PM is a micromanaging moron.
I'm sure the TheFaQQer can explain IPSE's reasoning - as I can understand why REC and end clients would want this situation but not a clue as to why contractors would want it.
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Originally posted by eek View Post
Hey that is exactly what IPSE campaigned for - determinations done after the worker has started as only then is the complete situation understandable.
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Originally posted by northernladuk View Post
I hope you ripped them a new one. They are taking the piss out of you. That's the dumbest thing I've heard in a long time. Absolute bollocks. They recruit for a role but can't tell if you are inside or outside until you start? That's a disgrace. Everyone else can do it.
If they said it was outside on the advert but now admit they couldn't do the determination until you started then they were lying on the original advert. Advertising standards and APSCo would be interested in that. It's a fraudlent claim which could cost you a lot of money if it came back inside.
Gotta stamp this rubbish out as it affects all of us. I'd be writing to them to point out they are an utter shambles if I were you.
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Originally posted by cwah View Post
They've put 1 month notice period........
I had a call with the recruiter, they told me all is fine and the payment delay is due to bank holiday and they had to do the determination now because they couldn't do it before being recruited........
Fingers crossed...
If they said it was outside on the advert but now admit they couldn't do the determination until you started then they were lying on the original advert. Advertising standards and APSCo would be interested in that. It's a fraudlent claim which could cost you a lot of money if it came back inside.
Gotta stamp this rubbish out as it affects all of us. I'd be writing to them to point out they are an utter shambles if I were you.
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Originally posted by Paralytic View Post
I'd be looking for a new contract now and stating availability as immedidate. Since it looks like they're going to muck you about, i'd not give the agency or client any good grace here.
What is the notice period on your side of the contract? If its a week, you could be ill for that week (assuming you've found a new contract).
Make sure you continue to get timesheets signed, so you're due the money if you do walk. If they don't sign them, tools down.
I had a call with the recruiter, they told me all is fine and the payment delay is due to bank holiday and they had to do the determination now because they couldn't do it before being recruited........
Fingers crossed...
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Originally posted by cwah View Post
They haven't determined my status yet. So I have to wait a little bit.
I also had quite a bit of trouble last year to find contracts, although it was getting easier recently. I'd want to get a new contract ASAP if I'm inside but I don't want to take the risk to be again without any money in for months...
What is the notice period on your side of the contract? If its a week, you could be ill for that week (assuming you've found a new contract).
Make sure you continue to get timesheets signed, so you're due the money if you do walk. If they don't sign them, tools down.
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Originally posted by eek View Post
Not really - it's the same pot of money.
The change in status means that the agency needs to deduct all the tax before passing the rest to your company.
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