It is up to the end hirer that you are working for to assess your IR35 status. Their HR department should provide you with a SDS explaining your status. If you think their assessment is wrong, Brookson legal can help.
IR35 can be confusing and it’s important that assessments are undertaken accurately. However, if you’ve been assessed for IR35 by your end hirer and you feel that their IR35 SDS does not fully reflect your working arrangements, all is not lost.
Brookson Legal can assist by providing an IR35 review. The outcome of this review is an independent assessment of your employment status. It can be provided to your end hirer to help them reassess your employment status if you dispute their decision.
As part of your end hirers legal obligation to assess you, they need to take reasonable care in making a decision and provide the reasons. Formally disputing an SDS decision is not uncommon, and Brookson Legal will guide you through the process to make sure the evaluation is fair and your challenge is grounded in the best possible evidence.
Many end hirers will simply use the HMRC CEST tool. This can be done on the HMRC website at no extra cost to the user, but independent reviews are often preferable. CEST has acknowledged flaws and was historically weighted towards IR35 capture. Recent updates have been made, but it is still unclear whether questions have been included to rectify this imbalance.