Can an Agency force me to use an FCSA Umbrella

[javalife]

I have accepted a position with Lorien Resourcing Ltd, however they are forcing me to use their selected Umbrella. Now I do not want to use and FCSA Umbrella due to all the issue I see all over the internet. Is there away I can use a Professional Passport Umbrella instead. The Agency is saying the client only wants FCSA, but I know this is not the fact.

[NotAllThere]

You can:
1. Call their bluff
2. Go with their umbrella
3. Walk away

You cannot be forced to use an umbrella, since those are your choices.

[ladymuck]

But you could use Clarity, who are about the only respectable FCSA umbrella out there.

[SimonMac]

I have accepted a position with Lorien Resourcing Ltd, however they are forcing me to use their selected Umbrella. Now I do not want to use and FCSA Umbrella due to all the issue I see all over the internet. Is there away I can use a Professional Passport Umbrella instead. The Agency is saying the client only wants FCSA, but I know this is not the fact.

It could be worse....

https://forums.contractoruk.com/ir35...companies.html

[eek]

But you could use Clarity, who are about the only respectable FCSA umbrella out there.

+1 - speak to Lucy - Clarity are FCSA accredited and 100% trustworthy (which I know for reasons I'm not going to disclose on here just yet)...

But it's worth adding what the issue here is.

Agencies need to show that they have done suitable dual diligence as otherwise they are liable for the tax (and prison if the abuse is serious enough).

For that there are then only 2 games in town - FCSA and Professional Passport - both of which have managed to convince agencies (for their have age and marketing spend on their side) that they do way more than they actually do and that insisting on the accreditation is enough to mitigate the risk of HMRC or worse coming calling.

So while everyone here knows that they are dodgy as .... there is a reason why the agency is picking them as the options.

But if you are using an umbrella it's easy to keep things risk free

1) Insist on receiving holiday pay rolled-up within that month's payment
2) check your personal tax account at HMRC to see if they are telling HMRC the truth.

[SimonMac]

+1 - speak to Lucy - Clarity are FCSA accredited and 100% trustworthy (which I know for reasons I'm not going to disclose on here just yet)...

Ooooh when did they get the accreditation, last time I spoke to Lucy they were caught in the catch-22, you can't get accredited without more customers, you can't get any customers as they are not accredited!

[eek]

Ooooh when did they get the accreditation, last time I spoke to Lucy they were caught in the catch-22, you can't get accredited without more customers, you can't get any customers as they are not accredited!

April from memory..

[northernladuk]

I have accepted a position with Lorien Resourcing Ltd, however they are forcing me to use their selected Umbrella. Now I do not want to use and FCSA Umbrella due to all the issue I see all over the internet. Is there away I can use a Professional Passport Umbrella instead. The Agency is saying the client only wants FCSA, but I know this is not the fact.

A bit of honesty from the the agent would have gone a long way here. If they just said the FCSA accrediation meets their levels of diligence so we will stick with them thank you. We don't want to put the extra work in vetting Passport Umbrellas then there you go. A reasonable explaination of why they insist on FCSA and a reasobale (allbeit lazy) explaination why they don't want to look at any others.

Really dunno why they need to start telling half truths and stringing you a long.

If they gig comes with an FCSA umbrella requirement then yes, you will have to use one. I'd also go straight for Clarity Umbrella so absolutely no reason to rock the boat when the choices you have are so good.

[javalife]

Thanks for the advice, I have spoken to a lot of Umbrella's and there seems to be something fishy.. One Umbrella told me FCSA is buying the PSL, another said something about the recent BBC report on FCSA and that Agencies and Umbrellas have been splitting the Furlough and Holiday pay which has not been paid to the person.. not sure the truth anymore, but I can clearly see a pattern. I think the Government needs to step in and sort this out

[ComplianceLady]

A bit of honesty from the the agent would have gone a long way here. If they just said the FCSA accrediation meets their levels of diligence so we will stick with them thank you. We don't want to put the extra work in vetting Passport Umbrellas then there you go. A reasonable explaination of why they insist on FCSA and a reasobale (allbeit lazy) explaination why they don't want to look at any others.

Really dunno why they need to start telling half truths and stringing you a long.

If they gig comes with an FCSA umbrella requirement then yes, you will have to use one. I'd also go straight for Clarity Umbrella so absolutely no reason to rock the boat when the choices you have are so good.

In my experience client terms stipulating FCSA are much more common now so it's entirely possible the client wants it without anyone on the ground at the client knowing about it