Originally posted by fatJock
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So, irrespective of whoever did the SDS (still yet to see one), the client has provided assurance that the role has been determined as outside IR35 by a dedicated external legal time. So, in my mind, whether it's wrong or right, that gets me off the hook. There's nothing in the contract that would expose me to any liability if the assessment was wrong, so I've just accepted the contract.
As for offer 2, and the agent's ignorance, if that comes off as well, 'in some shape or form', then IR35 probably isn't an issue, in the sense of IR35 'reforms', because the client definitely falls within the definition of a small company per the Companies Act 2006 (until my friend the most wonderful Reeves abolishes that in tomorrow's budget - you never know).
My post was largely about the confusion surrounding IR35 and how little the 'engager' or recruitment people really do know on the subject.




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