Individual assessments made, but because of GRI involved TUI made assessments on their contract with GRI which was unfair, as my company contract is with the agency. I’m currently appealing and awaiting feedback on the updated decision.
Blanket IR35 assesment done for everyone deeming them inside. Cest tool was run once for everyone, as everyone had the exact same time on them. This meant many of the questions were answered incorrectly for many people. Projects are significantly impacted, contractors are leaving rather than accept the false SDS and go Inside.
Whilst CEST assessments were provided, EasyJet use standard responses and changed the terms of their new contracts (i.e. removing substitution) to ensure all contractors were deemed inside IR35.
Majority of contractors leaving, some turning permie - work being dispersed amongst too few people and/or shipped offshore to India.
I am not happy with the determination, but there is absolutely no point challenging the agreement because EasyJet have changed the goalposts. Future class action in waiting!
SDS given for the current contract finishing Mar 31st - and assessed as INSIDE IR35. Person assessing has done this without reviewing contract nor working practices. It's a blanket call.
The agency RICOH has not advertised he roles in writing to be outside IR35 - but verbally stated it was.
So contractors signed up on that note - and now when the client incorrectly has determined the status, RICOH is silent and not supporting the contractors.
Bit of a closed door process, using CEST in first instance (contractor and client both filled in CEST and made a recommendation inside or outside), this was then passed to agency for second round of assessment including proof of invoicing for other clients, business 'artefacts' etc. Assessment was individual and not blanket.
Blanket CEST tool assessment used for majority of contractors (possibly all).
No individual Assessment (we all have the same date/time on our CEST tool assessment printout).
Projects will be impacted as there is a large contractor on project base.
Contractors are leaving, including me.
This is causing major disruption at a busy project delivery time as contractors are being distracted from their project work by this.
Individual assessments were made using the cest tool and a small token increase offered all Inside. However this is only for three months to June and remaining contractors are then expected to go perm or fixed term. There was also no guarantee a position would be available at this point. There is a major project due for delivery (Ship) in May and the general feeling is why stay for a few months and potentially then be at risk from HRMC
Very late in determination. Assessments only available if requested. Information being drip-fed by agency, poor support from agency. Many contractors still don't know what to do. Atmosphere very unsettled amongst contractors who feel they are being dumped on.
Contractors thrown under the bus to placate HMRC. Hopefully HMRC will return the favour by assisting Heathrow in their various construction, engineering and IT projects....
4 years ago
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