If the end client is covered by the FOI, my understanding is that they should have informed you of their assessment before the contract started. It sounds like they did perform CEST but not told you.
Obviously that is really poor. However, given they say outside, you are right in that there shouldn't be any issue for you. Your additional due diligence checks may have been unnecessary (as it transpires), but it sounds like you have it all covered.
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Reply to: Public or private
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "Public or private"
Collapse
-
Originally posted by BlackCountryContractor View PostICO has published a rough guide of a list that explains to some part of what organisations are covered by FOI (though intelligence services are as always hardly ever mentioned). The question that falls here is the nature of the government's role in Lance's job but unless Lance wants to share more information about the nature of his end client then I would personally be wary but still there is very little to go by other than speculation.
It's not government though.
It is a LTD. company. It's purpose is to make money. That's why I though it was private.
It's owned by an executive non-departmental public body.
It sounds like a PS body to me now.
It used to be before it was sold off (to the same owner ).
Leave a comment:
-
Originally posted by northernladuk View PostIt kind of isn't but I'd want to know a little about their determination and that they fully understand the situation. Seems odd that you've been working for a client and didn't know it was Public Sector and the legislation that comes with it.
It might not be your problem but I think being completely oblivious to it isn't the way forward.
As fas as I was aware it's private sector so approached it accordingly.
Apparently HR did the CEST test against me and another contractor (my handler) and it came as outside. For me it was just a case of the usual dilligence and awareness.
I only found out about the FOI bit the other day when they apparently couldn't find the FOI mailbox. Hence me asking the question.
It's low risk, or no risk for me though.
Leave a comment:
-
ICO has published a rough guide of a list that explains to some part of what organisations are covered by FOI (though intelligence services are as always hardly ever mentioned). The question that falls here is the nature of the government's role in Lance's job but unless Lance wants to share more information about the nature of his end client then I would personally be wary but still there is very little to go by other than speculation.
Leave a comment:
-
It kind of isn't but I'd want to know a little about their determination and that they fully understand the situation. Seems odd that you've been working for a client and didn't know it was Public Sector and the legislation that comes with it.
It might not be your problem but I think being completely oblivious to it isn't the way forward.
Leave a comment:
-
True. In the sense that the public authority does the assessment and the fee payer (if different) is on the hook if the assessment is wrong. Your contract may try to shift tax and penalties, but that is a separate matter, between YourCo and the fee payer.
FOI is what's listed in the Act plus companies wholly owned by the crown or public sector or both, IIRC.
Leave a comment:
-
Public or private
I have a contract with a LTD company. Just been renewed
the contract is outside IR35.
The working practises also.
So all good.
Found out yesterday that they do FOI requests. My understanding from these hallowed pages is that makes it public sector. So therefore IR35 ain’t my problem anyway.
True/false/other?Tags: None
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Leave a comment: