SDS process

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jamesbrown replied

27 March 2021, 11:00
I would not have any concerns. You have your SDS, issued timely. The agency is correct. Remember, the liability is with the agency/fee payer now, not with you (post April 5).
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DrStrange started a topic SDS process

27 March 2021, 10:57
SDS process

My current contract ends post-April and has been assessed as outside by QDOS and a separate legal firm.

I was expecting an SDS prior to April but the client is now saying that they see no need to issue one, as they confirmed I'm outside last year (before the delay in implementation) and, as nothing has changed, that's still valid.

They said they've sent an SDS to the agency, and the agency are saying they can't forward that to me as HMRC guidance is the the client has to send it to both the worker and the agency.

From what I've read, this all seems OK... however I'm still a little uneasy about it and not quite sure why? The rules don't seem to include details on the timing of the SDS delivery and "prior to April 2021" decisions appear to be acceptable, so on that basis I got my SDS a year early and all is well.

Would any of you guys have any concerns in this case? I don't want to annoy the client unnecessarily to produce a new SDS but I will do so if the consensus is that it'd be worthwhile.

TIA
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