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HMRC CEST tool has no legal authority, says IR35 legal expert
HMRC’s CEST tool isn’t legally binding and doesn’t meet the ‘reasonable care’ requirements established by law, warns Martyn Valentine.
�e Bill 2017 - what constitutes ‘reasonable care’? Contracting stakeholders have reacted positively to the news� �d by a reasoned opinion based on the terms of the contract and the working practices.” Why doesn’t HMRC’s CE�
Category: News | Wed, 22 Mar 2017

NHS locum doctors avoid IR35 by being lured to the private sector
The NHS is suffering as a result of the public sector IR35 reforms as private sector recruiters attract locum doctors with ‘outside IR35’ contracts.
�e private sector. This would be a disaster for UK contracting, but as it stands the public sector is suffering� �ing online job boards to advertise ‘outside IR35’ contracts. This is stretching already scarce resources for� �5 advice to candidates. Government failed to heed contract sector warning The warning signs were there month�
Category: News | Thu, 18 May 2017

IR35 reforms: the threat to contractor accountants
Contractor accountants need to take action or else risk losing clients and revenue as a result of the public sector IR35 reforms. Find out why.
�to remain outside IR35. To avoid this the entire contracting industry would need to ensure contractors were wo� �nside status if they wanted to keep their current contracts." How will the IR35 reforms affect contractor acc� �ensure contractors were working on projects on a contract for services and therefore outside IR35. But that�
Category: News | Mon, 22 May 2017

Experts slam logic underlying the HMRC IR35 tool
IR35 experts have dismissed the credibility of HMRC’s IR35 tool after receiving details of its inner workings. Find out what they say, here.
�warns of a regression back to the days of ‘sham’ contracts , with contractors agreeing to contracts containi� �Place , a legal consultancy specialising in IR35, contract reviews and employment issues. What did we show t�
Category: News | Mon, 05 Jun 2017

Legal challenge to IR35 needs your support – please help
A brand new legal challenge to IR35 is underway and needs your support. Please help if you can.
�that has wreaked havoc amongst the public sector contracting community. Mike Gibson reflects on some of the st�
Category: News | Tue, 27 Jun 2017

IR35 lesson: Latest Addison Lee ruling proves working conditions override paperwork
Failure to consider the working conditions when assessing IR35 could cost contractors thousands, as reinforced in a recent employment tribunal case.
�eir services to Addison Lee are self-employed and contracted to provide services to, and receive services from� �drivers as self-employed, again proving that the contract can easily be overridden in court when working pr�
Category: News | Fri, 29 Sept 2017

APSCo IR35 Reforms survey highlights damage caused by HMRC
Survey of recruiters reveals IR35 Reforms have damaged the public sector, driving up rates, costs and having an adverse affect on sourcing candidates.
�ket and wider economy.” “The rise of professional contracting delivers multiple benefits to the UK economy thro� �ings of the report include: 70% of recruiters say contract placements in the public sector have dropped 45%�
Category: News | Thu, 05 Oct 2017

IR35: New judicial review against NHSI due to incorrect IR35 assessments
Locums continue to be penalised by unqualified, unsupervised NHS admin staff who are making incorrect and/or blanket IR35 assessments
�tinuing to encourage Trusts to automatically find contracted NHS workers to be within the tax rule. The unions� �hearing about consultants who, when agreeing to a contract, and then asking for an IR35 assessment, are then�
Category: News | Tue, 17 Oct 2017

Eight ‘outside IR35’ assessments not enough to secure NHS consultant outside contract
An NHS consultant has been refused an outside IR35 contract despite proving her status eight times, with the NHS standing by HMRC’s flawed CEST tool.
�hilst many locum staff have begrudgingly accepted contracts inside IR35, a substantial number are leaving the� �individual assessments all demonstrating that her contract wasn’t caught by the legislation. After being pre�
Category: News | Wed, 25 Oct 2017

HMRC deliberately omitted key IR35 case law from CEST tool, reveals NHS webinar
HMRC admits to omitting MOO, a key employment test, from its IR35 tool CEST, yet insists NHS Trustees must use it to evaluate locum staff for IR35.
�is, we’ve had numerous Trusts refuse outside IR35 contracts for the simple fact that they would rather take t� �sic description of what constitutes an employment contract, such as that set out in Ready Mix Concrete , the�
Category: News | Tue, 31 Oct 2017

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