Challenge process
Ensuring contractors understand their rights when it comes to IR35.
With the private sector legislation change now in effect, it is the end hirers responsibility to provide an inside or outside of IR35 status determination, for each contract role they choose to advertise. When completing an IR35 review, hirers must demonstrate reasonable care and comply with their legislative obligations, by providing a detailed SDS which explains the contractor’s IR35 status and the reasons behind the determination.
If the contractor feels the SDS is incorrect, it is their legal right to challenge the decision. The hirer has 45 days to review and respond to the contractor’s challenge. Even though contractors are able to challenge their SDS, the majority are not sure how to go about this process. For this to be handled correctly, contractors are best working with a provider who thoroughly understands IR35 and has a dedicated team solely focused on IR35 legislation.
As IR35 experts, Brookson is best placed to work with contractors, their agency and the hirer to ensure your IR35 challenge is resolved.
We will work with you to ensure we have all the information required and one of our IR35 experts will review and provide a stance. Off the back of this we will be able to explain what this means for you and if the status provided is incorrect.
Dedicated IR35 expert on hand to support you.
Experts will review the documentation your hirer has provided.
We will report back our findings and what this means for your initial status.
We will work with you and your hirer to explain our outcome.
All services are provided by an SRA regulated law firm and advice is protected by client legal privilege and professional indemnity insurance.
Written by our experts, these guides will give you the tools to understand the implications of IR35 as a contractor, recruiter or hirer and help you prepare for the upcoming changes in 2021.
Brookson Legal Services is an SRA regulated law firm that focuses on IR35
Experience, Expertise and Credibility
We are a law firm, regulated by the Solicitors Regulation Authority, who have been advising on IR35 since its introduction in April 2001. We have team members who have sat on HMRC’s IR35 Forum and we are often instructed to act for clients who are subject to an IR35 enquiry by HMRC. We can work with you to help you retain your contractor status and ensure you continue to enjoy the benefits that come with it.