Originally posted by oliverson
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Not sure I understand the problems.
For 1), the final client is responsible for providing the SDS. Which they have. What's the problem there?
What do you mean by "failed IR35" exactly? Did you personally run it through the CEST tool, or do you mean something else?
Being IR35 compliant goes role by role, rather than by client or contractor. If the consultancy has other people on the client site outside IR35, then that means the client doesn't have a blanket Inside policy. Which is good.
There might be a way to better define the role and the SOW to be IR35 compliant.
For 2) I don't understand why that is an automatic pass on the role they are offering.
I had to deal with a similar agent, just educate them. This guy in question had a great role, but I had to hold his little hand throughout the process. Then never had to speak to him again.
Maybe you are being too precious. It's always a risk, there are no bulletproof SDS, SOW nor outside IR35 contracts thanks to the way HMRC has been arranged and funded. Just "guidelines" that can be changed or interpreted any way HMRC likes. You just have to try not to raise any red flags and make it as low-risk as possible.



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