Can an Agency force me to use an FCSA Umbrella

[JohnM]

Everyone complained about loan charge etc so there isn't it a good thing all the agencies are asking for FCSA umbrella's now ?

[malvolio]

No.

[JohnM]

We've been saying that for a long time. Trouble is they, like many companies and especially lazy agencies, have bought the fib that FCSA accreditation means something. That many are faffing around with holiday pay, charging Apprentice Levy when then are nowhere near the turnover limit and failing to provide honest and reconcilable KIDs rather says that it doesn't.

There are a very few solid and honest umbrellas out there. We don't recommend Clarity for fun.

But it does mean they dont offer 85% take home and all that nonsense though doesn't it

All the FCSA umbrella's will pay you more or less exactly the same give or a take a very small amount

Yes I get what you are saying about holiday pay etc but the whole point of the FCSA thing is to remove the umbrella's who are using questionable if not illegal tax avoidance schemes so we dont have any more loan charge type scenario's

[malvolio]

But it does mean they dont offer 85% take home and all that nonsense though doesn't it

All the FCSA umbrella's will pay you more or less exactly the same give or a take a very small amount

Yes I get what you are saying about holiday pay etc but the whole point of the FCSA thing is to remove the umbrella's who are using questionable if not illegal tax avoidance schemes so we dont have any more loan charge type scenario's

Except the FSCA does nothing of the kind. They have no authority nor apparently any sanctions against misbehaving members so the label "FSCA Approved" is meaningless.

Also the loan scheme people are still operating, pretending to be umbrellas. If their "regulator" isn't any such thing, how confident can you be that people are not still being duped?

[eek]

But it does mean they dont offer 85% take home and all that nonsense though doesn't it

All the FCSA umbrella's will pay you more or less exactly the same give or a take a very small amount

Yes I get what you are saying about holiday pay etc but the whole point of the FCSA thing is to remove the umbrella's who are using questionable if not illegal tax avoidance schemes so we dont have any more loan charge type scenario's

There is nothing in the FCSA rule book that wouldn't stop you running an off the books offshore scheme if you desired to do so (heck I think I've mentioned in the past how it would be possible to do so in a way that no auditor could pick it up).

The FSCA have also introduced a new code of conduct which isn't even as strict as Professional Passports - anyone care to guess why that may be the case. I would go through all the flaws but it really isn't worth the hassle.

Simple rule - the only FCSA umbrella I currently can recommend is Clarity...

[northernladuk]

There is nothing in the FCSA rule book that wouldn't stop you running an off the books offshore scheme if you desired to do so (heck I think I've mentioned in the past how it would be possible to do so in a way that no auditor could pick it up).

The FSCA have also introduced a new code of conduct which isn't even as strict as Professional Passports - anyone care to guess why that may be the case. I would go through all the flaws but it really isn't worth the hassle.

Simple rule - the only FCSA umbrella I currently can recommend is Clarity...

And to make Eeks point (I think), we've been recommending Clarity before they were FCSA approved. Getting that stamp made no difference to the service Clarity offered. It's not a magic wand where all umbrellas without it are bad and all that have it on the website are great.

[eek]

And to make Eeks point (I think), we've been recommending Clarity before they were FCSA approved. Getting that stamp made no difference to the service Clarity offered. It's not a magic wand where all umbrellas without it are bad and all that have it on the website are great.

The FSCA actually means nothing - it's an old boys club designed to stop smaller umbrellas from stealing their market while creating a set of rules that reflect how it's members wish to do business rather than what is best for the workers who have to use an umbrella.

Clarity joined the FCSA as FCSA membership is often the sole criteria an agency will accept - the reason we trust clarity is because we know they are honest and trying to do what they can to fix this jungle of a market.

[Pturner]

My solicitor who sorting my fcsa holiday pay claim and a few hundred more cant believe that anyone has fallen for believing in it. He sent this from its code to tell all of us why we can't claim off the fcsa

The Code of Compliance review (“the Review”) is a sample review of certain transactions of an Accredited Member’s or prospective member's business within a defined period, based upon the signed declaration of the Code and the information/documentation and explanations (together, “the Information”) supplied by the business in question. In conducting the review, FCSA’s assessors will rely on the information supplied by the business in question and will not conduct any independent verification as regards the accuracy or completeness of this. Accordingly, the FCSA and its assessors accept no responsibility whatsoever for any error or inaccuracy contained in the information, or for any loss or damage suffered by any person who relies on such information. For the avoidance of doubt, the FCSA (and its assessors’) review does not constitute any form of independent audit of the business in question and should not be held out to be, or be taken, as such. The review cannot, in itself, guarantee current, past or future compliance with relevant legislation, regulations and appropriate industry practices and neither should it be taken to mean that HMRC or any other professional or regulatory body will not enquire into any matter that is subject to the requirements of the FCSA Code of Compliance. Any prospective or current member is at all times responsible for ensuring its compliance with relevant legislation, regulations and related industry practices and the FCSA (and its assessors) accept no responsibility to them or any third parties whatsoever in this regard.

[Phes]

Has anyone on this thread done some digging on the FCSA?

The directors of the umbrellas that are ALWAYS on the agency's list of approved umbrellas are all previous directors of the FCSA;

Martin Hesketh - Brookson
Barry Roback - JSA
Graham Fisher - Orange Genie
Matthew Brown - Giant
John Whelan - Paystream

The FCSA is just an extorsion racket that penalises contractors like us!

At least with a Professional Passport umbrella we can give ourselves a chance at keeping our wages... till HMRC come knocking.

[Phes]

Some of the umbrellas have offshore entities too!

The first one on the list, Amaze Umbrella, has a Malta office.