Originally posted by webberg
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Reply to: Liability insurance/sickness when inside
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Previously on "Liability insurance/sickness when inside"
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Originally posted by mudskipper View PostThere is information on the IPSE fora for members on the case that they are supporting. Short version - it takes months, don't expect results soon.
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Originally posted by JohntheBike View Posthopefully. However, the establishment have means to nobble cases. Given the total lack of any information, I would suggest that the case that IPSE were supporting and the Alcock case, where judgements should have already been given, have both been nobbled.
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I've read the material.
There is no proof offered.
You have a view that, whilst I can see you have tried to support with events, is inevitably biased.
I see nothing that proves conclusively that the legal professionals you used were instructed or leant upon to withdraw; no Tribunal was using the law inappropriately.
What you have is a series of connected events around a personal grievance at being dismissed from a job, probably through no fault of your own. You imply conspiracy between and invite suspicion to fall upon a series of advisers who failed you in some manner.
There is nothing from the other side of the curtain. Nothing is produced which shows that the lawyers etc acted with anything other than adherence to their own rules. Even the FOI you made and received an answer on, did not disclose a fault other than perhaps some incompetence.
Your materials sent to me are by their nature, just your point of view. I'm afraid that I do not see conspiracy or some grand plot to deny you and many others their rights.
Now that we have shared this, perhaps we can return to the point of this thread and the others which are not about individual grievances but rather seeking a way forward.
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Step 1, work a gig for a year outside IR 35
Step 2, take one day off a week
Step 3, get found inside IR 35
Step 4, explain that every single day you took off was due to sickness
Step 5, ???
Step 6, Profit
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Originally posted by JohntheBike View PostI only responded to inaccurate statements made by others and everyone who engaged with me is just as guilty of dragging the posts off subject.
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Originally posted by BR14 View Postand that answers the OP's question, how???
you really do talk utter twaddle.and that answers the OP's question, how???
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Originally posted by Unix View PostIf the current trend continues and most big private sector clients deem contractors inside, does the contractor need to still purchase insurances? Seems like the fact you have the insurances is a material pointer that you are not a disguised permie? Also what about sickness and holiday pay, is the client is saying you are really a permie and taxed like one, then surely they are due the same benefits?Originally posted by JohntheBike View PostClearly I meant using all legal means to oppose IR35. However, many "representative" and involved organisations would naturally not want to rock the boat with officialdom as this might put them at a disadvantage. It's even looking like Dave Chaplin has been muzzled. I'm amazed that so many on here don't know how things work in this country.
Brynle Williams, the organiser of the first fuel protest became an AM. Peter Hain is now Lord Hain. An acquaintance of mine who owns a haulage business and who was prominent in the second fuel protests, was visited by representatives of all the government agencies involved in regulating his business after the protests finished.
If you think this is a free country, think again.
you really do talk utter twaddle.
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Originally posted by WordIsBond View Post1. If anyone was going to be encouraged to follow the Winchester line, the fact that they settled with full payment would have provided all the encouragement they needed.
2. If 100,000 contractors had followed the same line it wouldn't have made a bit of difference to HMRC. It's no skin off them if clients have to give holidays to people they've deemed inside. It would have changed nothing.
3. "Forceful" resistance would have done nothing unless you were talking about actual force, in which case it would have put you in prison. The battle on IR35 was lost because A) David Cameron started the Tories on a 'Let's be like Labour' path which still hasn't been reversed, so 'fairness' rather than 'competence and economic soundness' are driving policy B) the BBC and others in the press drive a politics of envy and C) contractors tried too much to argue that it was 'fair' to be outside IR35 when they probably should have been pointing out just how unfair IR35 is, that it is an over-correction, and that IR35 itself (not the enforcement process) needs reformed.
And contractors are missing the boat again. They should be screaming in the press that 'We were promised this wouldn't affect the truly self-employed, and look what your policy is doing!' They've made businesses afraid to hire the truly self-employed...."Forceful" resistance would have done nothing unless you were talking about actual force, in which case it would have put you in prison.
Brynle Williams, the organiser of the first fuel protest became an AM. Peter Hain is now Lord Hain. An acquaintance of mine who owns a haulage business and who was prominent in the second fuel protests, was visited by representatives of all the government agencies involved in regulating his business after the protests finished.
If you think this is a free country, think again.
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Originally posted by JohntheBike View Postthis is no business of yours, it's about the activities of the establishment and not the legalities of my case.
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Originally posted by JohntheBike View PostI wouldn't necessarily disagree with your analysis and observations, however I would contend that this
might have encouraged many more to follow the same line, thus perhaps applying some sort of constraint on HMRC's behaviour. I would also claim that the lack of forceful resistance to IR35 has emboldened HMRC to the point where now the war against IR35 is lost.
2. If 100,000 contractors had followed the same line it wouldn't have made a bit of difference to HMRC. It's no skin off them if clients have to give holidays to people they've deemed inside. It would have changed nothing.
3. "Forceful" resistance would have done nothing unless you were talking about actual force, in which case it would have put you in prison. The battle on IR35 was lost because A) David Cameron started the Tories on a 'Let's be like Labour' path which still hasn't been reversed, so 'fairness' rather than 'competence and economic soundness' are driving policy B) the BBC and others in the press drive a politics of envy and C) contractors tried too much to argue that it was 'fair' to be outside IR35 when they probably should have been pointing out just how unfair IR35 is, that it is an over-correction, and that IR35 itself (not the enforcement process) needs reformed.
And contractors are missing the boat again. They should be screaming in the press that 'We were promised this wouldn't affect the truly self-employed, and look what your policy is doing!' They've made businesses afraid to hire the truly self-employed....
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Originally posted by Amanensia View PostMany, perhaps even most, on this forum might agree. The general public? It would never occur to most to even ask the question.
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Originally posted by webberg View PostAnd herein is the issue.
Most of the tax professionals I know, have been saying that Customs and Excise reverse takeover of the Inland Revenue marked the beginning of a culture in which the sledgehammers at dawn crew have the ability to dictate policy in matters of enforcement and powers. This has been resisted by us but it has only been since this crew overplayed their hand with APN, FN, change of time limits and retrospection, that the wider public has been motivated to help. Even now, it's important to realise that our little bubble of contractors, is just that - little. We are making noise, but outside our bubble and despite House of Lords, APPG, TSC and others kicking up a fuss, much has been buried in the Brexit noise.
HMRC has not been emboldened by a lack of resistance but rather we see the inevitable consequence of a department that is out of control and unaccountable.
Finally, it is entirely incorrect terminology to say that the IR35 situation is a "war". This sort of vocabulary encourages the taking of a partisan position and an inability to make a reasonable judgement as to whether what is sought is fair to as many parties as possible.HMRC has not been emboldened by a lack of resistance but rather we see the inevitable consequence of a department that is out of control and unaccountable.
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