Wincanton

They were given copies of original contract between myself and SCC which clearly stated MOO and Right To Substitute, given copy of CEST which was answered honestly and gave result Outside IR35 but fudged their response to ensure Inside IR35 Determination. Clearly playing it safe and in doing so have caused themselves issues that will delay projects due to contractors leaving. Atmosphere remains good as we are all very professional but all non-HR staff are disappointed to have to find new resource. I am frustrated as I went through the same issue in the Public sector - clearly the system is designed to produce incorrect determinations by scaring very conservative organisations into playing it safe.

Have done individual assessments in the past but because they want to manage their contractors same as employees and do not want the right of substitution, they have determined all roles will be inside IR35.