Q. I am a consultant working in schools on daily rate contracts either with LA controlled schools or with schools in Academy trusts. I work through my own limited company with contracts normally brokered by recruitment agencies. With the change in IR35 will I be inside or outside IR35? Are Academy Trusts considered to be public employers in the same way as Local Authorities or are the private employers?
A. It is very difficult to say whether any contractor falls inside or outside of IR35 without looking at the specific arrangements surrounding the engagement. Any organisation which falls under the Freedom of Information Act would be subject to the public sector guidelines. As far as we are aware, academy trusts would fall under the new guidelines and so you may initially wish to seek advice from the end client and agency to establish how they’re going to proceed once the new guidelines take effect.
Please feel free to contact Qdos Contractor for further advice should you need to.