IR35 – Know your rights

With less than four weeks until the expected implementation of the IR35 Off-Payroll Working Rules into the Private Sector, you should soon be informed if the role you are undertaking is deemed as Inside or Outside of the IR35 Off-Payroll Rules.

Some of our clinicians have already been passed the status determination statements (SDS) that the client has completed for their role, some of these have been assessed as Outside of IR35 and some inside.

Those clients who are still to provide this SDS to us are being contacted regularly to request this information in order for us to pass it down to you. We will endeavour to gain this information from all clients in the next 3 weeks.

The upcoming IR35 legislation places the obligation on making the IR35 status decision with the end client (the place where you carry out your assignment). The client has a legal obligation to provide the IR35 status decision and cannot transfer that obligation to any other party, including the agency (we are by no means involved in the decision-making process).

What Happens if I Don’t Agree with the SDS?

If the client’s decision is that the assignments are inside of IR35 then you will have the opportunity to lodge a disagreement with them, so it would be useful now to see how you may have assessed your own role to allow us to pre-empt any disagreements prior to 6th April.

The disagreement process within the IR35 legislation provides contractors the opportunities to voice their opinion and express their concerns over results of the IR35 Assessment. As your agency we will be more than happy to work with you on any disagreement and liaise with you and the end client throughout the entire process.

If you are able to supply us with your own IR35 assessment report, we can use this when speaking to the end clients about their decision process. However, we would like to re-emphasise that although you may be able to lodge your opinion and run your own assessment, it is the end client that is responsible for making the decision.

For assignments Inside of IR35

If the assignment you are doing is going to classed as inside IR35 by the client, then we will need to know how you wish to be paid on a PAYE basis, either:

  • Directly on the Hallam Medical PAYE Scheme; or
  • One of our approved Umbrella Companies PAYE schemes.

If you choose Umbrella Company PAYE, you will need to select an umbrella company that provides you with Medical Malpractice Insurance, as the cover provided by professional bodies such as the RCN will not be valid if you work with an Umbrella Company.

Don’t forget we are always here to help you so if you have any questions about IR35 or wish to know more about how this may affect you call our dedicated IR35 team today.

Call Deborah or Chris today on 0333 800 0395 to arrange a meeting or you can email us

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