Commissioning Engineers at Costain been told to switch to JV partner to continue working outside IR35. Otherwise deemed inside.

Recently been told to expect further determination reviews. Rumours are that delivery partners are placing Costain under pressure to make contractors go inside…

As a licensed Signalling tester and TIC my company provided end user test and commissioning of signalling. My company provides myself as a irse licensed tester, provides professional indemnity, public liability, tools, calibration, certification, training, hotels, and transportation. In this instance 1 single shift is now considered ir35 due to their blanket interpretation. I have refused to accept that shift will be paid to me personally, and will accept the loss of the 12 hours invoiced work, the two nights hotel, 6 hours travel time and fuel.

Managers assessing roles have been given guidance on how to answer each question of the CEST tool in order to produce an inside result, regardless of the working practices, and there is very little hope in appeals

Basically a blanket ban on those outside. They did CEST tests but made up their own rules on how these should be answered and got inside results for everyone I’ve spoken to.

Paid for a QDos Assessment. Most answers were overridden by MS without a chance to counter. Nothing formal received form QDos yet. Forced down PAYE/Umbrella with no rate uplift. PAYE option sees 1/4 of my rate disappear to Rullion and then Tax and NI on the remainder. This contractor has left. Unsure about others.

Mine was a fair individual assessment conducted by QDOS under subcontract to the client's preferred supplier, Fircroft. My answers and the assessment result were signed off by the client. I was happy with the process apart from the stipulation that the contractor (or their company) must pay for the assessment. This is for an IT project and may or may not be representative of the situation for the client's much larger community of contractors in other disciplines. The atmosphere is good.

Blanket bans based on generic ‘pre-determinations’ ( no individual SDS issued) from a proxy email address (although knowing some of the individuals behind it I understand why they use a proxy) not issued until a month before D Day whilst blaming PSC’s for leaving it until the last minute. Issued with a copy and paste narrative (not a proper SDS) that totally ignored CEST and bore no resemblance to my contract or role. All PSC’s forced down the umbrella route or offered on the books roles as part of a pseudo recruitment campaign.

Blanket assessment of inside IR35 didn’t even ask for our evaluation.

Huge improvement from 2020 determinations

No involvement with determination by the manager or individual to determine working arrangement with outside company CRS Solicitors, ADVANCE tool, Inside SDS given but it had mistakes, therefore challenged.

SDS done and deemed to be outside IR35. This was done last year with the same result. Well done Kirby Group.

Not sure where the fair assessments have come from In the last post but from what I have heard no one has been given a fair assessments and appeals have fallen on deaf ears

Skanska are holding up sign off of 3 QDOS assessments already completed weeks ago. One of my staff told if they completed assessments honestly they would be inside IR35, which frankly is disgraceful and only indicates their willingness to lie. Told informally two days ago we must transfer our contract to Hays, quite the opposite of what has been said to date which was to follow QDOS process, and only two weeks before change. Requires four weeks to end the contract.

Complete ban on anyone not on PAYE with suppliers, so as a sub-contractor to a supplier I've had my contract terminated as they will not engage with IR35 at all.

Complete ban on anyone not on PAYE with suppliers, so as a sub-contractor to a supplier I've had my contract terminated as they will not engage with IR35 at all.

Complete ban on anyone not on PAYE with suppliers, so as a sub-contractor to a supplier I've had my contract terminated as they will not engage with IR35 at all.

No details of 3rd party given, blanket determination dependant upon job role, Electrical and commissioning outside, everyone else inside. Individual SDS and CEST provided with inaccurate and false details to provide an Inside determination.

All inside. Kier Copy and pasted answers of multiple roles with the most petty and negative responses. One arbitrary example is that contractors were only ever supposed to use Kier branded stationary and using our own stationary was not authorized, this has never been practiced by Kier in reality. Many such cases. I'd have more respect for them if they blanket banned.

After undertaking an assessment through Hayes / Qdos, February 2021, - which was Outside IR35 - Skanska have now decided to ban PSC's altogether. I'm very disappointed with Skanska. I've worked with them for a 24 months and they've generally been a good place to work and have walked the walk and talked the talk. The options are: PAYE, Umbrella, or contract termination. What with COVID19, Brexit, off-payrole being imposed on the private sector - I'm beginning to think U.K. isn't the best place to work anymore. I mean - there are plenty of prettier places I can live and be poor.

Give the opportunity to (pay for and) complete a Qudos assessment, but have now been told that it is effectively a blanket all in. The assessment that I paid for is yet to be completed by Kier and returned to me. I have asked both agency (suggested I talk direct) and Kier about who pays the employers NI and apprenticeship levey deductions and been told it will be out of my rate. "Any conversation relating to rate increase needs to be dealt with separately and should not form part of the requirement to be compliant with tax law." I can't risk leaving as know I won't get work suitable to my current personal well-being elsewhere in construction so I have to accept this.

Following the SDS appeals contractors in some roles can continue to work outside IR35 providing they have submitted supporting evidence. No doubt the impact of a contractor exodus contributed to a more flexible approach, but credit to MWHT better late than never!

Used CEST tool, indeterminable results considered inside IR35. Very risk adverse, not considering contract details.

As a PSC I have completed both the Cest & kingsbridge IR35 assessment which puts my company outside IR35. Bam where to conduct their own assessment and return a result, after little/no consultation the assessment came back as inside, when I requested a meeting to discuss reassessment I had been informed it had been completed without my input & again found to be inside. It has now been confirmed that Bam default position is that all contracts are inside IR35.

Site Owner is of the opinion that all Agency Supplied Workers on site are inside IR-35 and is driving that message down to the main contractors. QDos assessment available (at PSC cost) but been informed that Morgan Sindalls HR/Labour Desk will review that assessment and the answers with a view to ensuring the outcome is Inside IR35. I think it's going to be a whitewash, no matter on the validity of the QDos assessment. Another potential avenue was closed down as I get the impression the end Client and Morgan Sindall are so scared of HMRC that they default to 'Everyone is Inside' rather than conduct proper individual assessments and stand by those results. MS also refuse to consider any uplift in rates due to the transfer between inside /outside. I wonder how HMRC are going to view all those prior outside IR35 contracts, that are now suddenly inside. Doesn't make good reading for either side.