Over the past few months, most healthcare agency workers and locum doctors have been unduly subject to costly misapplications of the IR35 rule.
In the first instance, NHSI “inaccurately” instructed NHS Trusts to apply a blanket approach of classifying all workers as being caught inside IR35. The LDU prepared pre-action protocols for a Judicial Review. NHSI capitulated and updated their instructions, requesting NHS Trusts to carry out case by case assessments.
Unfortunately, whether by design or inadequate knowledge, Trusts have struggled to meet their legal obligation in relation to case by case assessments.
We have now written to all NHS Trusts with the included guidance to ensure that all material factors are taken into consideration when carrying out these assessments.
1. Cover Letter from Stephen Mhiribidi (Legal Director IHPA/LDU) on behalf of Dr Ben Itsuokor (President IHPA/LDU)Final LDU Cover Letter – Stephen-secure
2. Guidance letter sent out to all NHS TrustsFinal IR35 Guidance 11 September 2017- secure1
Login to access a sample letter you can send to your locum agency consultant
3. Next steps
1. The full guidance is now available for downloading and printing
2. Please print 2 copies- one for yourself and the other for the person assessing you
3. Downloaded copies need to be emailed to the below list and “CC’d” to email@example.com. Vital that you CC to IHPA and request that the response be to all.
Please email to
(i) your agency rep
(ii) reps for all other agencies that you are registered with, but
for now, please only forward to current role agent, then to others when role confirmed.
(iii) the assessor, HR and Finance Directors at whatever hospital your contracted with
(iv) your local Member of Parliament (address to be found at www.writetothem.com). You need to put in your postcode and must be a constituent
Please copy firstname.lastname@example.org into these email correspondence
5. On the MP issue – any members in Northern Ireland- please write to them, especially if you happen to be in a constituency belonging to an MP whose party is currently in a quasi-coalition with the government. I shall draft a brief explanation that can accompany the guidance to them, and post it here
6. For new roles, please bring out the guidance when the role has been confirmed.
Direct any queries to email@example.com
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