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Reply to: QDOS IR35 insurance
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Previously on "QDOS IR35 insurance"
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Raising a claim
Hi folks, just wondered how long it takes to start a claim normally.
I opened a case two weeks ago, they came back saying I did not have a policy, so I sent my policy document.
It has been a week now and no contact.
I did chat to QDOS via the website chat - but they said it's a different department and they could not help.
Any suggestions welcome please.
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Originally posted by PerfectStorm View PostIsn't it Bauer and Cottrell who do the renegotiation or do they draw a blank sometimes too?
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Qdos also negotiate on your behalf, but in my case this was non-negotiable as the wording was provided by the end client who didn't agree to be flexible.
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Isn't it Bauer and Cottrell who do the renegotiation or do they draw a blank sometimes too?
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Qdos - I appreciate all your help - I am happy with how things were resolved.
I am just thinking that 'perception' is a very vague term. i.e. I would have thought that as long as my contract includes substitution clause TLC35 covers me - my perception is that I can offer a substitute as this is what was agreed in writing.
But if the wording about substitute is 'not strong enough' it means TLC35 is not valid. So if someone purchases TLC35 with assumption that it is unconditional they might end up in trouble later - when they are investigated and TLC35 doesn't cover them.
If they have never used a substitute, they won't be able to prove that this was a genuine working practice (unless they thought about getting the end client to send an email to confirm this).
I am happy about TLC35 - no doubt about that. I just don't think it's unconditional as it is sometimes perceived. I will always get my contract reviewed, ask end clients to confirm substitution is possible as a working practice, and I will always double check that each of my contracts are covered by TLC35 before signing them
But that's just extra careful me
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There seems to be some confusion here and I apologise if I've propagated it - as I hope many will testify I'm always completely open about how our insurance products work. I said the policy isn't reliant on the written contract. Later in the same thread I said it was based on 'your perception of your actual working practices' - see here.
You can see the statements you confirm by adding the product and clicking continue on our online shop - you don't need to register or enter any details.
Without going into specifics on your query Squirrel, it was surrounding your client's interpretation of the substitution clause rather than the clause itself.
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I share your feeling - after reading Qdos responses on this forum I was also under impression that it is unconditional.
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I literally asked them directly on this forum and got a direct response saying it was unconditional.
I even posted that I never trust anyone in insurance because they are all smiles, and they assured me the opposite.
What a surprise
Originally posted by Qdos Contractor View PostHi there
Perfectly valid and common questions. To confirm:
- The TLC35 policy is not offered based on (or in any way reliant on) your written contract
- The 'prospects of success' clause is standard in insurance wordings. In reality it is highly unlikely it would ever be enacted at the outset for standard HMRC/IR35 enquiries
- The 'policy will not cover' excerpt is more about knowledge of any existing HMRC action, i.e. you were already under enquiry when you took out the policy
As I've said before, if we rejected claims or refused to cover someone it would quickly be common knowledge.
Any further questions please let me know.
This annoys me more because I was about to purchase their insurance product as I need a review for an upcoming extensionLast edited by NibblyPig; 1 March 2016, 16:13.
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Originally posted by mudskipper View PostWas this a while ago? Just last week, qdos confirmed the cover is unconditional.
Their insurance is not unconditional, because when you buy it you agree that you have a right to substitute.
Honestly, I would have thought the wording is fine and I can offer a substitute... but obviously from legal side the wording was not strong enough for Qdos to defend me in case of investigation. I'll be checking with their IR35 insurance team before signing any contracts from now on.Last edited by squirrel99; 1 March 2016, 13:56.
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Was this a while ago? Just last week, qdos confirmed the cover is unconditional.
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Originally posted by Eirikur View PostWhen you have an IR35 insurance with QDOS why should one bother to have new contracts reviewed?
I called Qdos insurance and asked whether their insurance will still protect me and the answer was not for this contract
So if I wouldn't have my contract reviewed, I would have thought that I have insurance and I was safe. However, should HMRC investigate me, Qdos wouldn't defend me
Better to find out early.
Btw i finally got the best of both worlds - Qdos IR35 insurance agreed to cover me if I can get a client to send an email confirming that I can offer a substitute should I not be available for work.
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Originally posted by malvolio View PostNobody has ever claimed on that policy,
Originally posted by malvolio View Postand I still doubt you'd get cover if there was the slightest risk that you would fail an investigation. And Survive35 from Abbey gives the same assurance, linked to your PCG membership, If you want to go that way.
Originally posted by malvolio View PostAnd it doesn't pay the tax, only the extra tax plus interest. As long as you've taken care to ascertain your position wrt IR35 - and having a review covers that off - HMRC won't charge you penalties: all you have done in their eyes is misunderstood your actual position if you lose. Which nobody has.
Originally posted by malvolio View PostIMVHO I would rather insure against being struck by a meteorite: at least that has actually happened.Last edited by TheFaQQer; 16 February 2016, 10:58.
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