Reply to: Interesting week ahead

[TheFaQQer]

OK but assuming OP takes the gig and doesnt get the contract changed. Surely PCG or whoever will say, hang on, you got told at the beginning that your contract was inside IR35 but you want ahead anyway so dont expect us to bail you out now?

You'd have to ask the insurance provider. Since Qdos have said in this thread today that they don't require a contract review first, then they aren't going to know. I don't know what the PCG would do.

Otherwise, surely you could sign up for the most obvious inside-IR35 gig in the world, but not give a toss, pay your dosh, and expect to be covered when HMRC come calling?

Yes, you could. From a Qdos perspective, it depends on your working conditions questionnaire. If you aren't truthful on there, then that's going to be a problem. If you are, then I would expect the company to fight the case for me based on the facts of the case.

[scooby]

OK but assuming OP takes the gig and doesnt get the contract changed. Surely PCG or whoever will say, hang on, you got told at the beginning that your contract was inside IR35 but you want ahead anyway so dont expect us to bail you out now?

I know QDOS get you to fill in a questionnaire on working practices so I guess if you fail this they wont cover.

PCG dont though, do they?

Otherwise, surely you could sign up for the most obvious inside-IR35 gig in the world, but not give a toss, pay your dosh, and expect to be covered when HMRC come calling?

Hang on, I never said it was inside, the working practice definitely puts it outside (even have the emails confirming this from the relationship managers) and the only comments from the review were around the word "reporting". everything else is outside.

[psychocandy]

My concern about the previous employment would be the worry about what might be said by the "employer" in any investigation by HMRC. They only have to mention employment terms a few times, and you're toast.

PCG+ will provide cover for any investigation. TLC will provide cover for the investigation plus any penalties. It's been discussed before (and no doubt Mal will be along to tell you it's a waste of money, insuring something that will never happen), but to me, the price is worth the peace of mind.

OK but assuming OP takes the gig and doesnt get the contract changed. Surely PCG or whoever will say, hang on, you got told at the beginning that your contract was inside IR35 but you want ahead anyway so dont expect us to bail you out now?

I know QDOS get you to fill in a questionnaire on working practices so I guess if you fail this they wont cover.

PCG dont though, do they?

Otherwise, surely you could sign up for the most obvious inside-IR35 gig in the world, but not give a toss, pay your dosh, and expect to be covered when HMRC come calling?

[Qdos Contractor]

Good stuff, and what happens when son of IR35 comes in? Slightly concerned about £300+ for something that will be removed in a month

I very much doubt there will be any changes that will affect the policy at all.

Hypothetically though, if you did want to cancel the policy for any reason you can do so at any time without penalty (and with a pro rata refund).

[scooby]

You don't need a contract review. There are simply some working/business practice statements which you agree to online - all being well you can have the policy in place within a couple of minutes.

Good stuff, and what happens when son of IR35 comes in? Slightly concerned about £300+ for something that will be removed in a month

[Qdos Contractor]

Does anyone know about the Qdos insurance? are there any pre-reqs for TLC insurance? i.e. contract reviews etc? I start this contract for the old employer on Monday and they wont make any changes to the contract (only points raised was the wording saying "reporting" instead of liaising. apparently their legal say this has to remain for insurance purposes, working practice has been confirmed by my liaison person the 3rd party hiring peps)

If i buy tomorrow, will I have time for this to be in place?

You don't need a contract review. There are simply some working/business practice statements which you agree to online - all being well you can have the policy in place within a couple of minutes.

[scooby]

Does anyone know about the Qdos insurance? are there any pre-reqs for TLC insurance? i.e. contract reviews etc? I start this contract for the old employer on Monday and they wont make any changes to the contract (only points raised was the wording saying "reporting" instead of liaising. apparently their legal say this has to remain for insurance purposes, working practice has been confirmed by my liaison person the 3rd party hiring peps)

If i buy tomorrow, will I have time for this to be in place?

[scooby]

QDOS just mailshotted me with the TLC application form (which was worth the stamp as I have considered it).

But one of the qualifying questions is "have you ever worked for the client as a perm" or some such. Makes it a no no for me and, by the sounds of it, for you?

But again, the working practice has been agreed to be very different. I completed the questionnaire, but then what? it doesnt give you a view of in or out...

[northernladuk]

If the working practices are as good as they sound (and it helps having someone there who knows what to do and say), then the wording in the contract becomes less important.

Take it.

From what the OP says then TF got it in one.

[EvilGazebo]

QDOS just mailshotted me with the TLC application form (which was worth the stamp as I have considered it).

But one of the qualifying questions is "have you ever worked for the client as a perm" or some such. Makes it a no no for me and, by the sounds of it, for you?

[TheFaQQer]

You know, I had a long talk with the ex-boss when he called me. As a perm, they abused me as I wouldnt say no, and I became the go-to man. Told him this contract is different, it is for a defined client and location, anything additional is to be discussed and treated totally separate, with new contract if needed etc. I know he will leave me to it to deliver in the way i want, as thats how it worked previously. Im trusted by him, which is why he's come back to me. We discussed the term, and we agreed 220 days (1yr project) and work as and when i want as i only bill when working, but obviously i need to agreed milestones in my plan.

Basically, he gets it and how I need it to work. he has been freelance, and his Mrs is currently freelance. I'm really comfortable with the working practice, but there is always the HR aspect, but they are not involved.

I've had the Qdos review, done the working practice questionnaire. I think the insurance is the way forward regardless. However, as good contractor does, I have many irons in the fire and I will take what i believe is the best offer on the table

If the working practices are as good as they sound (and it helps having someone there who knows what to do and say), then the wording in the contract becomes less important.

Take it.

[scooby]

Of course you would if both were in favour, you would be daft not to. It is just that on paper it looks like exactly what IR35 is meant to cover. To me it almost seems you are guilty until proven innocent and are on the backfoot to start. I can't explain it, it kinda made me suck in when I read the post first that is all. I can't really put a finger on it and yes as long as working practice and contract say out then your out.. Just... well... long contract, ex employer same job, HR not sympathetic to contractors position...

I would go for it in OP's position but by god I would be anal about working practices.

You know, I had a long talk with the ex-boss when he called me. As a perm, they abused me as I wouldnt say no, and I became the go-to man. Told him this contract is different, it is for a defined client and location, anything additional is to be discussed and treated totally separate, with new contract if needed etc. I know he will leave me to it to deliver in the way i want, as thats how it worked previously. Im trusted by him, which is why he's come back to me. We discussed the term, and we agreed 220 days (1yr project) and work as and when i want as i only bill when working, but obviously i need to agreed milestones in my plan.

Basically, he gets it and how I need it to work. he has been freelance, and his Mrs is currently freelance. I'm really comfortable with the working practice, but there is always the HR aspect, but they are not involved.

I've had the Qdos review, done the working practice questionnaire. I think the insurance is the way forward regardless. However, as good contractor does, I have many irons in the fire and I will take what i believe is the best offer on the table

[TheFaQQer]

is it the previous employment thing?? Was looking at TLC just tonight. at £360 its well worth it I think.

My concern about the previous employment would be the worry about what might be said by the "employer" in any investigation by HMRC. They only have to mention employment terms a few times, and you're toast.

PCG+ will provide cover for any investigation. TLC will provide cover for the investigation plus any penalties. It's been discussed before (and no doubt Mal will be along to tell you it's a waste of money, insuring something that will never happen), but to me, the price is worth the peace of mind.

[northernladuk]

If the wording and the working practices are in favour, then I'd probably go for it.

Whatever, I'd make sure I either had PCG+ or Qdos TLC. Probably both, actually.

Of course you would if both were in favour, you would be daft not to. It is just that on paper it looks like exactly what IR35 is meant to cover. To me it almost seems you are guilty until proven innocent and are on the backfoot to start. I can't explain it, it kinda made me suck in when I read the post first that is all. I can't really put a finger on it and yes as long as working practice and contract say out then your out.. Just... well... long contract, ex employer same job, HR not sympathetic to contractors position...

I would go for it in OP's position but by god I would be anal about working practices.

[scooby]

If the wording and the working practices are in favour, then I'd probably go for it.

Whatever, I'd make sure I either had PCG+ or Qdos TLC. Probably both, actually.

is it the previous employment thing?? Was looking at TLC just tonight. at £360 its well worth it I think.