How much extra risk is this ?

[jamesbrown]

Your current contract sounds about as far outside as it’s possible to get. Given that the client is using QDOS, that’s a strong indication they want to do it properly. Ordinarily, I’d say the risk is there and the degree is unknown, but I agree with the other posters in your case. I would accept the extension and be mindful of the payment deadline (as you are).

[jk3838]

thank you both for that, saved me forcing the issue unnecessarily

[ladymuck]

The contract won't run into the new tax year if you are deemed inside and time your leaving to ensure your final payment is received before 6 April.

As above, you'll be fine.

You'll also find that the client / agency will have to raise a new contract anyway as the terms of engagement will be different. There's no way the current contract would be valid against an inside determination.

[jk3838]

What are you worrying about? Just take the extension, and if they decide it's inside give notice?

oh ok, so no extra risk with an extension beyond April, that's good to know

I'm just being over cautious I guess

[b0redom]

What are you worrying about? Just take the extension, and if they decide it's inside give notice?

[jk3838]

I need to understand the consequences of extending 12 months from 31st January into next financial year (and giving notice if I need to end March), as opposed to only extending until end of March (and then extending again once I know the clients stance) ?

Contract end date is 31st January but the project isn’t completed and the client wants a new contract (extension) without declaring its status

I only want to extend until 31st March, as I don’t yet have a client view on the status, (and can always extend again end of March if deemed outside) but the agent is pushing to extend until January 2021, so straddling beyond April 6th D day

We were supposed to get an SDS in January (where if incorrectly deemed inside, I would’ve given notice and left, or just not extended, depending when in January it came) but it hasn’t happened yet

The agent is saying the extension is until Jan 2021, (and that I can’t just do until end March), so straddling into next financial year, where client determinations apply, which I could do and give notice end of March, but I don’t fully understand how much more risky that is, and that is my question ?


Bit more detail

Client is working with QDOS to hopefully assess us as outside, as part of that I had a client led hour long ‘pre assessment’ where QDOS were looking to see how contractors operated at the client and QDOS ‘saw no problems with my working practices’ but didn't give me anything in writing as I was an anonymous test case

I’ve had a substitute in and a while back had two workers in at the same time, am not directed or controlled, and have corrected mistakes at my own cost

I’ve had my contract and WP assessed as outside, had a COA, done a CEST with my client contact and have a ‘pack’ of other ‘outside’ supporting evidence so am reasonably confident, and have TLC35 insurance (I could ask QDOS but want a better understanding before I do, as they sometimes favour a ‘it depends’ response as every circumstance is different)

It's an invoice paid weekly / one week notice contract

The only thing I’m worried about is if I extend for 12 months and then the client bottles it last minute , plays safe and deems everyone ‘inside’ , I’ll leave, but will have had a contract that ran from old world into new world, that the client would be saying was inside

I was hoping to get the clients status stance before current end date and I’d have known what to do, but time has run out and I’m out of contract on Friday and don't know their view on my status.

I could just leave on Friday, but it’s a good contract and the client is making a lot of effort to give us an ‘outside’, they just haven’t yet, and it looks positive for an outside

I just want to know the extra risk of signing a contract going past April without knowing the status, even if I leave before April if given an ‘inside’ ?

Client contact is ok with me only extending until March and then extending again if outside, but it isn’t his call, and those ‘upstairs’ who do have the say, will listen to the agent. I can push the ‘only until end of March’ thing, but it’ll make waves, so only want to if it’s an advantage to. It’s unlikely I can get any written confirmation it’s outside before Friday.

Thoughts please on any extra issues with a contact going past April 6th even if I’ve left and had final payment before that date ?