Agency Legislation will stifle self employment

[Tasslehoff]

Agency Legislation Will Stifle Self-Employment - Contractor Weekly

Discuss

[TheFaQQer]

I'm not self-employed.

[The Spartan]

Agency Legislation Will Stifle Self-Employment - Contractor Weekly

Discuss

But I'm not self-employed, I work for a limited company.

[northernladuk]

It's already well known agencies won't touch self employed due to previous legislation. This just adds to that.

[Tasslehoff]

Oops. Sorry just realised this.

Admin can we close before NLUK rips me a new one.

[Lewis]

If it is only self-employed (in its true meaning) why does it mention limited companies?

If a worker has more than one engagement in a reporting period, then the agency must provide details about each engagement, including:
how a worker was engaged to do the work – through a partnership, limited liability partnership, self-employed, limited company, another party that operated PAYE;

[LisaContractorUmbrella]

If it is only self-employed (in its true meaning) why does it mention limited companies?

Because it allows for potential situations where there is a Ltd Co structure involved through an intermediary i.e. like the old MSC's but operating PAYE

[mudskipper]

Unfortunately an important distinction that IPSE seems to be blurring.

[Lewis]

So does a ltd co. contractor opting out make this all go away for the agency?

And on the flip side, does a ltd co. contractor not opting-out mean that the agency need to prove you weren't an employee (as per the link) or does the fact that a ltd company contractor is not (usually) officially registered as self employed mean they don't have to bother?

I ask as the article says:

Who is an employee?
From 6 April 2014, a worker must be treated as an employee for Income Tax and National Insurance purposes if the worker
is placed with a UK-based client
personally provides their services to the client
provides their services to the client, or is paid for their services, because of a contract between an employment intermediary and the client (or someone connected to the client)
is, or can be, supervised, directed or controlled by someone as to how they do the work
isn’t having the payments they receive for providing their services already treated as employment income

It does not have a bullet point saying:

is registered as self-employed.

Maybe the article is just not being clear?

[LisaContractorUmbrella]

So does a ltd co. contractor opting out make this all go away for the agency?

And on the flip side, does a ltd co. contractor not opting-out mean that the agency need to prove you weren't an employee (as per the link) or does the fact that a ltd company contractor is not (usually) officially registered as self employed mean they don't have to bother?

I ask as the article says:



It does not have a bullet point saying:

is registered as self-employed.

Maybe the article is just not being clear?

Stop panicking This is nothing to do with Ltd Co contractors - it's all about sole traders