Unfair IR35 assessment
Blanket inside IR35 decision by sainsbury's management. Should have been given for individual assessment by third parties like qdos etc...actually as per HMRC, not everyone will fall into IR35- Inside. it depends upon role, project and depends upon many other factors. For example, if a contractor is working on BAU project or support project and his role and responsibilities include resolving incidents, closing support tickets etc then he will fall into IR-35 inside. But if a contract is working in such a project where it has project plan, duration and specific end date and if he has recruited to do some development activity (designing, coding etc) then by default they will fall into IR-35 outside category as per HMRC guidelines. But Sainsburys has not done based on project and role they are working on. They decided blanket IR-35 insids decision on few factors...how come that will be fair and how come everyone fall into Inside-IR35 category by default? And it's a waste of time for appealing. Also, they said there is no rate increase in day rate for IR-35 inside contractors also no employer NI (the contractor has to pay employer NI from his day rate). How come this will be fair? When they save 20% Vat on invoice payments. Atleast they should pay Employer NI or they should increase the day rate little bit to compensate the loss (for example, O2 has increased 15% increased in day rate for all IR35 inside contractors).