Reply to: IR35 Status - Cannot disclose for legal reasons

[LondonManc]

For all further attempts, I will henceforth signpost with liberal sprinklings of adolescent smilies.

HTbeH(ed)

[simes]

For all further attempts, I will henceforth signpost with liberal sprinklings of adolescent smilies.

HTbeH(ed)

[LondonManc]

Perhaps sarcasm doesn't come across... It Was a bloody joke FFS.

No it doesn't. HTH

[BlasterBates]

They do work for the PS so it isn't his call, and the agent also has a legal obligation, especially since they generally also have clients in the PS.

You'll probably see more of this as time goes on and clients/agents become culpable for IR35.

Even if the agent says it is or isn't you won't really know until you have the contract.

Just ask him whether it is in the public or private sector, if in the public sector assume it is within IR35.

One thing I would say is that the agency takes their legal obligations seriously which isn't a bad sign, even if you could argue they've gone too far.

[Lance]

Ask if you’ll be paid your day rate + VAT direct to your LTD. In public sector with the new rules they can’t do that so that should be most of the answer. After that it’s down to the normal checks and practises.

[mudskipper]

But he can't legally tell us......

He can't tell us if the role is inside IR35 because it is out of scope? Maybe?

[northernladuk]

I think there's some confusion here.

If the role does not fall within the PS remit - i.e. the PS body does not have to make a determination, then it's carry on as before, i.e. the contractorCo makes the determination. If it is out of scope, no agent or client are going to willingly assure you (in writing!) that you're IR35 'safe'.

The question is whether the role falls within the scope of the changes - do the PS body have to make an IR35 decision, or is it out of scope?

But he can't legally tell us......

[mudskipper]

I think there's some confusion here.

If the role does not fall within the PS remit - i.e. the PS body does not have to make a determination, then it's carry on as before, i.e. the contractorCo makes the determination. If it is out of scope, no agent or client are going to willingly assure you (in writing!) that you're IR35 'safe'.

The question is whether the role falls within the scope of the changes - do the PS body have to make an IR35 decision, or is it out of scope?

[simes]

At which point he'll think "what a chunt" and cross the OP off his shortlist.

Perhaps sarcasm doesn't come across... It Was a bloody joke FFS.

[northernladuk]

At which point he'll think "what a chunt" and cross the OP off his shortlist.

[LondonManc]

Perhaps by way of response, you say, until he tells you whether or not it is inside IR35, you legally can't tell him your rate...

At which point he'll think "what a chunt" and cross the OP off his shortlist.

[simes]

Perhaps by way of response, you say, until he tells you whether or not it is inside IR35, you legally can't tell him your rate...

[WordIsBond]

Now the contract is working for the company itself, not for one of their clients (I.e. a PS body) so off payroll working shouldn't apply.
What I am unsure about it the whole...I cannot legally tell you if it is or not?

The simple answer may be the right one, that the PS rules don't apply, and that's all a distraction.

In which case, it isn't their job to make the determination, it is yours. And if he says it is outside (or inside), that could be construed as legal advice, which could get them in trouble. So he's been told not to answer that question.

He should be able to answer definitively if the PS rules apply. If they do, obviously, the PS client should make a determination and he has to tell you what it is. If they don't, his opinion on the question is worth less than yours and less than whoever you get to review your contract, and you can forget you asked him about it.

[PerfectStorm]

Sounds like one of these "government department but can't say " (intelligence) roles that go around every so often. You then find out that the vetting process takes 9 months - NEXT!

[LondonManc]

The big danger now is that you've been flagged as "Not gullible".