Crossrail/Contractor/Agency... help needed
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    Default Crossrail/Contractor/Agency... help needed

    Hi All, Newbie here!

    Great forum with a lot of positive information.


    I have a question, i work for a Company who is the main contractor for crossrail. However, the company doesn't pay me directly, they pay a recruitment agency. Moving forward this agency has put me down as an employee working for them as a technician, even though i'm a Supervisor

    I currently have my own LTD setup from previous sub contracting works i've carried out over the years, now the agency is refusing to pay me GROSS and is insisting of paying me PAYE NET. After questioning them about my situation this is the response i have received from the manager.

    "The Contract of Employment is between you and ourselves, it is not Crossrail or XXX you are an employee of us, so it is nothing that either Crossrail or XXX would be able to rectify.The whole of the Crossrail contract as it is Government funded is PAYE. That is one of the stipulations."

    I have contacted crossrail whom have told me this ruling does not imply to the recruitment agency as they are not dealing with crossrail directly. They are not a approved contractor with us.

    Can someone please help explain whether i need to apply more pressure to them on changing my situation as this has caused major problems with my, my company and my accountant.

    Many Thanks

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    Oh dear oh dear oh dear.....

    You seem to like the forum yet missed the whole section dedicated to contracting in the public sector. Doh...
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    Quote Originally Posted by northernladuk View Post
    Oh dear oh dear oh dear.....

    You seem to like the forum yet missed the whole section dedicated to contracting in the public sector. Doh...
    Thanks for the input

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    Quote Originally Posted by hj88 View Post
    Thanks for the input
    You are welcome. Were you with cross rail pre April or have taken a contract since?
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    Only started 2-3 weeks ago. Was on the London underground network prior to this.

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    Quote Originally Posted by hj88 View Post
    Only started 2-3 weeks ago. Was on the London underground network prior to this.
    OK. I'm surprised you aren't aware of the changes in the public sector and didn't bring all this up before you signed the contract. You been underground all this time or something
    You might have been able to sort a more tax efficient solution rather than using the agency PAYE if you'd known.

    It's all in the Public Sector IR35 section of the forums and I start with the stickies.
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    To be inside IR35 on a public sector contract the requirements are:-

    1) The company must be subject to the Freedom of Information Act
    2) There must be a written determination showing why your rule is inside IR35 and it cannot be a blanket determination.

    However as you've started your contract I suspect its too late to do anything about it and you should have determined the status of the contract and negotiated it well before you accepted it...
    merely at clientco for the entertainment

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    BTW if they refuse number 2 there isn't much you can do about it.
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    Thread moved.
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    Quote Originally Posted by northernladuk View Post
    BTW if they refuse number 2 there isn't much you can do about it.
    If they do not provide the justification within the proscribed time limit then the client becomes responsible for the tax and National Insurance.
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