Division: IT
DLA Piper are taking a firm and risk-averse stance with IR35 determinations.
CEST tool used by central HR with all the triggers for inside determinations automatically ticked, immediate line manager was not consulted. They are insisting on supervision and control, no right to substitutions, no working for other organisations and asserting that the contract is taking no financial risk.
Before making a decision, I had a meeting with the team who made the determination to discuss options. They vigorously assured me that the day-to-day routine would not look anything like what was entered into CEST but unfortunately they were not prepared to change these decisions. Their reasoning was that they wanted to be covered just in case some kind of unforeseen situation arose where they might want to have the option to exercise these controls.
Bottom line: Contractors have to use an umbrella, or no deal...