If you're caught by IR35

[Eirikur]

As you're seen as an employee, would you be able to claim back from the company/agency you contracted with missed bonusses, holiday entitlement and other employee benefits?

[Batcher]

As you're seen as an employee, would you be able to claim back from the company/agency you contracted with missed bonusses, holiday entitlement and other employee benefits?

No.

The PDFs I loaded seem to have been removed now but they were on the IPSE thread.

It was stated something along the lines of: I was due PAYE & Class 1 NICS as I was deemed inside but I couldn't claim those type of benefits you mention from the client.

I'm sure this was the deal to get the client to fill in the forms the way HMRC wanted them to without it costing the client. If more clients were told they would need to pay those benefits backdated if we are found inside then the client would go out of their way to make sure there was no MoO or C&D.

[malvolio]

A common mistake; two entirely separate sets of legislation are at play. IR35 uses employment law parameters to determine if it applies to your engagement, but that does not mean you are in fact an employee and losing an IR35 case has no impact on your status or eligibility for employment rights.

[ASB]

A common mistake; two entirely separate sets of legislation are at play. IR35 uses employment law parameters to determine if it applies to your engagement, but that does not mean you are in fact an employee and losing an IR35 case has no impact on your status or eligibility for employment rights.

Very true.

But it does mean some protection could potentially apply. Trouble is each set of law uses its own definitions which are subtly different.

I'm thinking in terms of things like anti discrimination legislation, the disability act, health and safety legislation etc.

It is possible that certain people might fit their definition of worker and be afforded protection.

[northernladuk]

Very true.

But it does mean some protection could potentially apply. Trouble is each set of law uses its own definitions which are subtly different.

I'm thinking in terms of things like anti discrimination legislation, the disability act, health and safety legislation etc.

It is possible that certain people might fit their definition of worker and be afforded protection.

But most definitely not perks that offered per role and agreed in contract like bonuses etc. which the OP is pertaining to. These are agreed contractually and are not overarching rights such as the ones mentioned. He may have the rights offered to employees but not the details of engagement.

[Unix]

IR35 is dead, when it was being enforced HMRC only recovered a pittance compared to what they expected. It's left in to scare uninformed contractors. The only people talking about it are newbies and those who make money from it (Insurance etc) or HMRC sockies (NLUK).

[Eirikur]

IR35 is dead, when it was being enforced HMRC only recovered a pittance compared to what they expected. It's left in to scare uninformed contractors. The only people talking about it are newbies and those who make money from it (Insurance etc) or HMRC sockies (NLUK).

I suppose Batcher who has to fork out 52k or so has a different opinion.

http://forums.contractoruk.com/gener...ml#post2064120

[Unix]

I suppose Batcher who has to fork out 52k or so has a different opinion.

http://forums.contractoruk.com/gener...ml#post2064120

So he paid 52k without a fight, no way.

[LisaContractorUmbrella]

You can be an employee for the purposes of tax law but not for employment law so no I don't think you'd have any rights to recover anything

[DannyF1966]

So he paid 52k without a fight, no way.

Read the post again.