Q. If my PI policy requires sign off of the following statement, surely it weakens the IR35 status?: “All work is carried out at the reasonable instruction of, and signed off by, your client’s in-house staff.” NB This is a Qdos requirement!
A. This does seem to present a bit of a conflict from an IR35 perspective but is certainly not conclusive by itself. It always depends on the specific circumstances and what such ‘instruction’ relates to. For example if the client is required to sign off as an indication that they are happy with the services then that would be perfectly acceptable. Additionally it is important to note that it is the actual working practices which would be crucial in the event of an IR35 enquiry. If the day to day working practices clearly demonstrate that the client does not exercise control over the provision of the services and doesn’t intend to, this statement would have little bearing.
This answer is provided by Qdos Contractor.
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