Originally posted by philgo
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New contract inside IR35 via brolly
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'CUK forum personality of 2011 - Winner - Yes really!!!! -
Originally posted by malvolio View PostJust to clarify the ErNICs and Levy thing...
These are both the end client's liability . What actually happens is that the rate for the job that is passed on to teh agency is the total cost to the end client, so the £400 includes all the legal overheads (the agency's margin is separate, orf course). the various fees, taxes and levies come out of that at the umbrella and you get the balance - around 55% or so of the original.
So what you were offered was not a £400 a day contract but a roughly £325 a day one which is the amount including the taxes you are liable for (and we'll ignore holiday pay and pension provision for simplicity).
Basically the agency is advertising the rate at the full cost to the client's budget figure, knowing damn well that it is not the actual rate for the gig, but you wouldn't have accepted the real rate anyway. Deceptive but sadly legal unless you keep your wits about you. You're not paying the NICs and Levy costs, they were never in your fees.Comment
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Originally posted by northernladuk View PostYou have no contractual relationship with the agent. You are employed by the brolly.Comment
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Originally posted by malvolio View PostJust to clarify the ErNICs and Levy thing...
These are both the end client's liability . What actually happens is that the rate for the job that is passed on to teh agency is the total cost to the end client, so the £400 includes all the legal overheads (the agency's margin is separate, orf course). the various fees, taxes and levies come out of that at the umbrella and you get the balance - around 55% or so of the original.
So what you were offered was not a £400 a day contract but a roughly £325 a day one which is the amount including the taxes you are liable for (and we'll ignore holiday pay and pension provision for simplicity).
Basically the agency is advertising the rate at the full cost to the client's budget figure, knowing damn well that it is not the actual rate for the gig, but you wouldn't have accepted the real rate anyway. Deceptive but sadly legal unless you keep your wits about you. You're not paying the NICs and Levy costs, they were never in your fees.Comment
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Originally posted by philgo View Postexactly what happened....I know this is what it is ect...^^ but clarity from agency and client would nice...I guess they are still preparing for the IR35 private change rules initiating 2 years ago...See You Next TuesdayComment
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Originally posted by Lance View Postguess again. They're just pulling your pants down because you are naive.
Now all am trying to understand is how can I know it? Hence I was asking if I should not be provided with an assignment schedule showing rate, notice, start date etc from the agency? Any other idea?Comment
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Originally posted by philgo View PostWho gives me the assignment schedule? Are you saying it's not my business because it's between the client and the agent? Therefore I won't get one?'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by northernladuk View PostAssignment schedule isn't a contract. Maybe just bad wording on their part but yes they can tell you what you are assigned to do but not a contract. I must admit I don't know if they will send it direct or it will come to you via the brolly. The latter follows the proper contract route but the former seems to make more sense.
On one side I have a contract from the brolly with a DRAFTED assignment schedule (no rate on it, no notice period etc..very drafted) attached and I need to sign off the whole thing.
On another side the agency has surely a contract and an assignment schedule with the end client. On this doc surely there is an assignment rate agreed with the end client.
So question is can you get assignment schedule direct from the agency? Answer is probably NO as you would see what end rate they charge to the client. Unless agency can produce one for you which actually show you the info but with a lower rate but I doubt it....I have asked the question to the agency...let's see....Comment
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Originally posted by philgo View PostThis is exactly where the grey area is actually...
On one side I have a contract from the brolly with a DRAFTED assignment schedule (no rate on it, no notice period etc..very drafted) attached and I need to sign off the whole thing.
On another side the agency has surely a contract and an assignment schedule with the end client. On this doc surely there is an assignment rate agreed with the end client.
So question is can you get assignment schedule direct from the agency? Answer is probably NO as you would see what end rate they charge to the client. Unless agency can produce one for you which actually show you the info but with a lower rate but I doubt it....I have asked the question to the agency...let's see....
At its simplest, the bottom line is that the offer is £400 a day and you will get no more than £250 of it in your personal account (or less depending on any possible pension provisions). If that's not acceptable, don't take the gig.Blog? What blog...?Comment
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Originally posted by malvolio View Postthey will claim (perhaps rightly) commercial confidentiality. the one that matters is the agency to you, possibly via the brolly for the sake of the legalities. And that won't state the corrected rate but the original £400 one or they risk blowing their little earner...
At its simplest, the bottom line is that the offer is £400 a day and you will get no more than £250 of it in your personal account (or less depending on any possible pension provisions). If that's not acceptable, don't take the gig.
How come do you go from £400 gross to £250a day net in my pocket?Comment
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