Unfair IR35 assessment
Same SDS issued to all U.K. contractors despite varying contracts and working practices. Information (answers to CEST) in the SDS was patently false compared to the engagement with my company. Clear lack of reasonable care.
My appeal was rejected, it included:
- Evidence their original SDS contained false information and could only have been arrived at with a reasonable lack of care
- 3rd parties assessment of working practices (outside)
- evidence of lack of SDC and direct comparisons with case law
Their response to the appeal included no further reasoning or justification. So the only
SDS is the original one with false information.
Interestingly, I know they contacted the hirer within the company as part of the appeal, who the work is being delivered for. They were asked to do CEST and it was outside. Yet still UCB returned an inside determination with no rationale beyond the original SDS.
So somehow UCB ir35 team know the situation better than those close to the engagement.
Completely contrived determination to suit their agenda.