Reply to: Poll: PSC contractors - Has your contract been deemed inside or outside Ir35?

[Bod]

Outside (phew... )

Major central gov't dept.

Took a gamble continuing in role, now assessed outside by QDOS and subsequently confirmed by PSB.

[cojak]

So here is an interesting development.

My clientco is NHS Org. As said in previous post, originally outside a month ago when arranging renewal but told last week inside with no justification or explanation. Challenged it and now been sent an ESA form from clientco created by brookson legal services.

Quelle surprise*!

(*Pas...)

[daemon]

Originally deemed outside, however theyall contractors 24th March with a view to re-issuing formal outside of IR35 contracts from the 6th April. Unnecessary.

Yesterday they've decided everyone is IN and they've issued the roles to the agencies to recruit people...

Totally banal.

[jollyrogers]

So here is an interesting development.

My clientco is NHS Org. As said in previous post, originally outside a month ago when arranging renewal but told last week inside with no justification or explanation. Challenged it and now been sent an ESA form from clientco created by brookson legal services.

[swamp]

Outside. Central Government department.

[sal]

Outside, London University

[northernladuk]

Outside.

The PSC took the sensible view that as all contractors had a right of substitution, that in practice they would be very likely to accept a recommended substitute - it would save them the trouble of recruiting afresh.

I'd don't think I'd be very happy with that reasoning if it ever got investigated. RoS is there to prove we are a business in our own rights. Not to save them trouble recruiting the next inside person.

Many contractors don't understand substituting isn't just sending a new guy in the Monday after you've left and I strongly suspect reading that the client doesn't either. Only takes one complex situation that is more trouble than them getting a new bod and there is a good chance they'll be changing their stance of substitution.

Right answer, wrong reasons.

[jamesbrown]

Outside.

The PSC took the sensible view that as all contractors had a right of substitution, that in practice they would be very likely to accept a recommended substitute - it would save them the trouble of recruiting afresh.

Interesting. Sounds like they aren't using the ESS though (or may be ignoring the guidance therein).

[Unix]

Outside

[willendure]

Outside.

The PSC took the sensible view that as all contractors had a right of substitution, that in practice they would be very likely to accept a recommended substitute - it would save them the trouble of recruiting afresh.

[MrMarkyMark]

FOI probably applies though.

A birdy told me today saw 75% fewer contractors in one govt area turned up today compared with Friday.
5% of the human resource.

Ah, possibly correct if he's contracting to Post Office LTD.

[Guesstimator]

FOI probably applies though.

A birdy told me today saw 75% fewer contractors in one govt area turned up today compared with Friday.
5% of the human resource.

[MrMarkyMark]

Post Office - Inside

Errrrrrm...


Post office is no longer PS

[DotasScandal]

Dont worry the lawyers will be along soon. That reasonable care thing is the next PPI claim for them

Oh, I'm certain the lawyers will make out like bandits - as they are doing currently with the numerous APN Judicial Reviews (~£500K a pop).
As usual, we'll be the ones screwed.
The more things change...

[bobspud]

Wonderful!
So now each org is making up their own IR35 rules as they go along.
That "Reasonable care" thing did not live long.

Dont worry the lawyers will be along soon. That reasonable care thing is the next PPI claim for them