Crystal Umbrella Gone Bust

[Samantha26]

I guess this is just for folk who left a while ago like you (how long ago did you leave?). I wonder what happens to saps like me who are still employed at the point that they get liquidated next week?

I was with the Aqua Bubble, then got transferred to Unitum then I got an email saying I’m with Pendragon yesterday or the day before. So technically, I’m still with them. My account manager is still dealing with me. Have you had an email to say you’re with Pendragon now? I only started being paid through Paystream a month ago nearly!

[WilliamAC1]

I was with the Aqua Bubble, then got transferred to Unitum then I got an email saying I’m with Pendragon yesterday or the day before. So technically, I’m still with them. My account manager is still dealing with me. Have you had an email to say you’re with Pendragon now? I only started being paid through Paystream a month ago nearly!

Samantha - not sure you can be moved without you explicit approval and entering into a new Contract of Employment with either Unitum (in the past) and now Pendragon. They cant TUPE you without your knowledge and also I fail to see how they can represent you/contract with the Agency/Client with you as the nominated/specified resource if you are not formally employed by them (which is the position I am in). This does mean, as far as I am concerned (IANAL) that I am free to use someone else and get them to contract with my client/Agency. I also had a welcome email from Pendragon and have asked them to provide me with more info before I will onboard with them (as if :-)). I have not had a response so will be using someone else. The Agency I go through is happy to do this (as they are still being paid by my end client) so its no loss to them and it protects my monies whilst I get this sorted.

[bobof]

I wonder which company this relates to as I was "employed" by Aqua Bubble which is already in liquidation and not Unitum Operations :-). Will see what comes out of this

Yes, indeed. So were you employed across the transition from Aqua Bubble to Unitum Operations? If you were you will have seen your PAYE reference on your payslips change at the point of the move I think. Has your tax code also been messed up?

I've seen another issue with "Crystal's" filings to HMRC. If the end client has paid twice in one "Crystal" tax week then you'll see on your record at HMRC two entries; one for the first payslip consisting of the first payment, and then one for the second payslip containing both the first payslip and the second.

As a consequence of this neither the individual week records nor the totals for the employments are correct. I can't see how I can reconcile this without sending HMRC all the payslips as "proof" of the disaster that is my HMRC PAYE account. Does anyone have experience of the process to get this corrected?

[Samantha26]

Yes, indeed. So were you employed across the transition from Aqua Bubble to Unitum Operations? If you were you will have seen your PAYE reference on your payslips change at the point of the move I think. Has your tax code also been messed up?

I've seen another issue with "Crystal's" filings to HMRC. If the end client has paid twice in one "Crystal" tax week then you'll see on your record at HMRC two entries; one for the first payslip consisting of the first payment, and then one for the second payslip containing both the first payslip and the second.

As a consequence of this neither the individual week records nor the totals for the employments are correct. I can't see how I can reconcile this without sending HMRC all the payslips as "proof" of the disaster that is my HMRC PAYE account. Does anyone have experience of the process to get this corrected?

Yes I was! I didn’t even get told about it. I just noticed it on my payslip. I am unfortunately on a K tax code and I’m owing 44 grand in tax before April. Which is why I’m kicking off with everyone because the tax man is getting my weekly wage. My account manager at Crystal (now pendragon) told me that we should be getting P45s through and that’ll sort out the duplication error. (Apparently)

I noticed that also. When I did notice it my account manager told me that it was because the end client paid the umbrella twice in the same tax week. It didn’t make much sense to me and being new to umbrellas, I took their word for it.

[bobof]

Surprised there aren't more folk in here.
For what it is worth looking at the invoice numbers raised over periods I reckon Crystal had a lot less active contractors at any one time than the marketing bluster would indicate. They looked to be raising something like 4-5000 invoices a month; and I guess a fair few of them were weekly invoiced like me.

[McTrucky]

I'm in the same boat. Complicated by the invoice for October still not being paid by the client - so I have not been paid for any work since September. The time sheet for October was submitted and the invoice sent out but not paid. I told the client not to pay when I got the notification last week.

I spoke with Pendragon who said "sign up and all will be well", but they have not sent me anything to sign up to yet. And the emails asking if they were indemnifying my client from the invoice from Atlantic have gone unanswered.

Guessing I'm screwed.

So now thinking about setting up a Ltd Co. and offering to indemnify the client myself, which they would then pay me directly for October - and I would just have to hope that the liquidator doesn't come after the debt. And if they did, I don't think it would cost me any more than doing nothing will cost me.

If I sign up with Pendragon I reckon I'll end up with out being paid for October, and probably get screwed again as it all looks very dodgy to me.

[WilliamAC1]

I'm in the same boat. Complicated by the invoice for October still not being paid by the client - so I have not been paid for any work since September. The time sheet for October was submitted and the invoice sent out but not paid. I told the client not to pay when I got the notification last week.

I spoke with Pendragon who said "sign up and all will be well", but they have not sent me anything to sign up to yet. And the emails asking if they were indemnifying my client from the invoice from Atlantic have gone unanswered.

Guessing I'm screwed.

So now thinking about setting up a Ltd Co. and offering to indemnify the client myself, which they would then pay me directly for October - and I would just have to hope that the liquidator doesn't come after the debt. And if they did, I don't think it would cost me any more than doing nothing will cost me.

If I sign up with Pendragon I reckon I'll end up with out being paid for October, and probably get screwed again as it all looks very dodgy to me.

You may want to look and see whether or not your Contract of Employment aligns with the contract with your client and who you are being paid by. If the company invoicing your client is not the same as who you are employed by and/or your "employer" has changed without your knowledge then the liquidator may have difficulty in chasing you/your client for payment. Its difficult to say for certain given the myriad of companies involved but you may have an out if there aren't valid contracts in place between all parties. Think the difficulty at present is that there is a complete lack of information.

Your other crumb of comfort is that as Atlantic went into Liquidation at the end of September then any monies coming in for activities post the liquidation will/should be used to pay post liquidation costs (i.e your salary/time) before being able to be set off against pre liquidation debts. If this wasn't the case, then you would not get suppliers willing to trade with companies in liquidation/receivership etc. Please note IANAL but having done this type of work in the past that was always the case. If Atlantic have invoiced your client in October for your time, then you should ask/get confirmation from the liquidator that you will be paid for this

William

[northernladuk]

Just out of interest guys. Did you get contacted by Pendragon or were just told to go engage with them? There would be some serious GDPR issues if Pendragon contacted you or your clients/agents without giving them the information wouldn't there?

[bobof]

In my case Pendragon / Crystal was the name on the invoices since August. It is worth checking the invoices raised ; if you have access still to the "Myworkpay" system you can download the client inovices. I've grabbed dumps of all mine.

I was told on the phone that Pendragon have been "Running the payroll" for Unitum due to proposed management buyout, but that failed and so now Unitum are going into administration. However I was only emailed by Pendragon after having phoned into "Crystal"... however it was Pendragon answering the phones, not Crystal / Unitum; though they clearly did have access to all the records. They told me that the IP (insolvency practitioner) had given them access to the records until the end of the week to try and help folk out.

Will folk on the books at Unitum at the time it shutters become redundant and able to claim redundancy?

[Samantha26]

Just out of interest guys. Did you get contacted by Pendragon or were just told to go engage with them? There would be some serious GDPR issues if Pendragon contacted you or your clients/agents without giving them the information wouldn't there?

I got an email saying that I’m now with Pendragon and to ring them to sort out getting paid etc. When I was with Aqua bubble and then went over to Unitum, I didn’t get told. I just saw it on my bank statement.

I’ve emailed Janet De-Havilland and she said she’s got nothing to do with it. She’s just employing ex crystal staff. My ex account manager told me that Janet spoke to Opus and demanded the P45s get sent out. Then a relationship advisor rang me and she said they’re trying to get it all sorted. So it all sounds a bit dodgy to me. What makes it worse is that I’ve checked companies house and the companies are still active. So I don’t know.