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Umbrella, Dismissal due to Covid, No JRS - where do I stand

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    Umbrella, Dismissal due to Covid, No JRS - where do I stand

    I have been looking on the forums to see if I can find the answer before posting, and I could not.

    I am just looking for some advice on where I stand and who would be best to contact, ie ACAS, Work Tribunal.

    Due to the IR35 reforms I decided to just accept a Inside role with Redbridge Council for O365 and Infrastructure. I accepted the role with a start date on 2nd March, the agency put me in touch with PayStream Umbrella. Contract running until 30th September.

    Come April, my mum passed away and had to repatriate her. I informed the client that I will be flying with her around 10th July when the flights started up again and could take two weeks off or remote working with some time off as necessary (non billed of course) as I have been doing since April. Everything was great but either on the way there or over there I was infected with Covid, positive test etc. I informed my client that was very ill and bedridden and won't be able to work and provided them with scanned positive test certificates.

    A few days afterwards the council gave me my notice for end of July as I wasn't able to attend meetings and people have complained.

    PayStream have refused to help with JRS and I don't have any other income. I am not going in minus as I am claiming some JRS through my LTD, about £550 which is £450 after tax and my partner is covering our living expense but I would really like, not putting any financial strain on her.

    I was wondering where I stand. Could I claim for unfair dismissal as the contract was terminated 2 months early? Not sure I can claim anything against PayStream. I am trying very hard to understand what the benefit of IR35 is for anyone except to screw over temporary workers. I think I would be better off doing permanent or fixed term, or provide a different service.

    Judging by the brothel next to my house, that is the way to go, pay absolutely no taxes and earn around £300k tax free. Got months of video evidence of 60 customers per day, (60*£75)*365=£2,053,125, what does HMRC do about them. We've been trying for 3 to get them out months.

    Originally posted by Drei View Post
    Judging by the brothel next to my house, that is the way to go, pay absolutely no taxes and earn around £300k tax free. Got months of video evidence of 60 customers per day, (60*£75)*365=£2,053,125, what does HMRC do about them. We've been trying for 3 to get them out months.
    Just wondering how you know their rates?


      I'm a tad upset the workers don't seem to get Christmas Day off

      On a "trying to be a bit more helpful" note:

      Could I claim for unfair dismissal as the contract was terminated 2 months early?
      Who is the employer you want to claim unfair dismissal against? And on what grounds?

      I'd suggest you're claiming what you are entitled to via JRS and Universal Credit would be your next stop (if applicable).
      Last edited by Paralytic; 13 November 2020, 16:24.


        Unfair dismissal when you were terminated as per the agreed contractual clauses??

        Isn't there an issue that you've haven't been terminated, you are still employed by your brolly. Isn't claiming JRS throught the LTD when you are employed by the brolly an issue?

        Sounds to me that everything has been done above board so there is no blaming anyone here. As Paralytic suggests you are just going to have to see what you allowed from the system.

        Why do you have evidence of the number of people attending the brothel? That would indicate you are video recording the general public and if you don't have signs up stating this you are breaking the law. I very much doubt the brothel nor the people attending it will be particularly happy about it.
        Last edited by northernladuk; 13 November 2020, 17:25.
        'CUK forum personality of 2011 - Winner - Yes really!!!!


          ... in most CCTV-related disputes between neighbours, the ICO will not consider it appropriate or proportionate to take enforcement action against the CCTV user.
          The cameras only records when someone steps onto my property, and since every person queuing up to go for a **** trespasses onto my property they get filmed. I don't need to tell them anything.

          In regards to how much they make, feel free to head to adult work and browse the services and different regions. Should give you an idea how much they charge. I was way under the market rate, £75 per customer is just an average which is way under what they are actually making.

          Residential properties are not supposed to be used as brothels, I would say that attending an illegal brothel would nullify any data protection laws. I am filming someone doing something illegal which I can do without making them aware of me filming them.

          Since you are defending them I really hope you get 5 whores in the house next to yours, see how you enjoy the people attending from 10Am until midnight and the noises they make, explain that to your children.

          Back to the matter at hand, the question was where I stand in regards to the termination of contract due to covid reasons. I was never paid sick leave or anything. If I was working through my LTD I understand, but since I was PAYE, I thought there are at least some options that go in your favour.

          I just wanted to know what the employment law says since I am employed. As you mentioned I am still employed by my brolly and they are not paying me at all, should they furlough me?

          JRS through my LTD is only because it is still open, in principle I shouldn't even be claiming anything, as northernladuk pointed out in another post, you are not employed by your LTD because you don't have a contract stating your minimum wage or salary etc. In my case I do, I actually have an employment contract for 0 hours with a hourly rate, but that's not the point.

          It looks like I can't claim anything, JRS the brolly won't furlough me, Universal Credits from reading on here won't give me anything either. So what can I actually claim? I am not the only one in this situation from reading the forum, but I couldn't see any other advice on other posts. This doesn't make any sense.
          Last edited by Drei; 14 November 2020, 04:17.


            A none standard scenario falling though a crack in the system makes perfect sense.

            As for the right your contract with both the council and t he umbrella will be based on work being available - no work available to do equals no money.
            merely at clientco for the entertainment


              Sorry for your loss

              No you cannot claim unfair dismissal.

              Don’t like living next to a brothel? Move or call the police etc etc.

              You worked outside IR35 via your ltd previously. How much war chest do you have? I assume enough to see you through to getting another contract.

              Slightly concerned you have time to count the punters and work out how much the brothel is making. But not get a job.


                Originally posted by MrButton View Post
                Sorry for your loss

                Slightly concerned you have time to count the punters and work out how much the brothel is making. But not get a job.
                Thanks for all the answers, so yet again IR35 screwing over people.

                Regarding the brothel, it is very hard moving away when you own the place it would be just as hard breaking a tenancy agreement. Called the police and so did a number of people on the road.

                The reason I counted the punters is because of the lock-down and the explicit rules on how many people can enter a residential house. So I took a few hours of my day and looked at the camera saving the footage to provide as evidence that they were breaking distancing the rules. After all having 60+ people a day in a residential property would be very likely to be a Covid breakout spot, which would affect my family and I directly and put our health and life at risk... would having your life on the line be good enough reason to do that?

                How about rental and sale value being affected directly which would put me out of pocket.

                I would also like to point out that the cameras are inside the house and that they are motion activated and the footage gets recycled every few days, so for those specific reasons, NO I don't need to have a sign up. The CCTV is only used for capturing illegal activities and any footage not used for that purpose is deleted automatically after two days (hence the reason why I had to spend time watching the footage and storing it before it got deleted).

                Since the camera footage I saw was motion activated on people having part of their vehicle or body on my property, the number of punters could be much higher than 60.

                It is very easy for people to comment, and one of the many things wrong in this world, I bet none of you would like to have a brothel next door, attracting all sorts of shady individuals including drug dealing. Having people come onto your property urinating, hanging about, throwing garbage, looking around... not sure anyone would like that.

                A good thing that came out of it, if I ever would have felt the need to visit a prostitute, this cured me completely. The human perception sucks, unless you see something with your eyes, humans can dismiss anything. Just like COVID, so many people, including myself, put it down, dismiss it or don't quite see the impact, the moment they or someone close is affected... they become believers.


                  Tell the church what's going on. They tend to work pretty hard to get these places shut. Make up something that requires a visit by the council or even the police. Start a campaign with other neighbours.
                  You can't tell me there is noting you can do.

                  Either that or negotiate a deal. 50% of the first call in the day or something. Half price shag and first one of the day so nice and clean. Double bargain.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!


                    What does the brothel have to do with your contract being terminated though?
                    If you don't have anything nice to say, say it sarcastically