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Anyone working "inside" and tried asking for employee stuff yet?

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    #11
    Originally posted by eek View Post

    What case? HMRC folded prior to the employment tribunal kicking off.

    And reading it she seems to have recovered holiday pay and not employer NI - which again leaves more questions than answers.
    They folded because otherwise (a) they would have lost and (b) they would have opened the flood gates by setting a usable precedent.

    The case was always about settling a point of principle rather than gaining specific benefits. Setting a precedent would have been a useful benefit.
    Blog? What blog...?

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      #12
      Originally posted by malvolio View Post

      They folded because otherwise (a) they would have lost and (b) they would have opened the flood gates by setting a usable precedent.

      The case was always about settling a point of principle rather than gaining specific benefits. Setting a precedent would have been a useful benefit.
      Also, of course, Susan was another in the Geoff Jones mould, who would take on HMG in pursuit of being proven right. We need a lot more like them.
      Blog? What blog...?

      Comment


        #13
        Originally posted by malvolio View Post

        They folded because otherwise (a) they would have lost and (b) they would have opened the flood gates by setting a usable precedent.

        The case was always about settling a point of principle rather than gaining specific benefits. Setting a precedent would have been a useful benefit.
        Without a precedent though - it's next to useless - we are left with what might be. And my actual point is that it seems that illegal Employer NI deductions are fine for while they are mentioned in the article they don't seem to be part of the final award.

        Equally things have changed since then - if you've received a KID and signed up to the contract you can't argue that holiday pay is not being paid as you've signed up after receiving a document saying exactly what is going on.
        merely at clientco for the entertainment

        Comment


          #14
          Originally posted by eek View Post

          Without a precedent though - it's next to useless - we are left with what might be. And my actual point is that it seems that illegal Employer NI deductions are fine for while they are mentioned in the article they don't seem to be part of the final award.

          Equally things have changed since then - if you've received a KID and signed up to the contract you can't argue that holiday pay is not being paid as you've signed up after receiving a document saying exactly what is going on.
          Yes, I know it's useless. That why HMRC did it. I was merely responding to the OP's question
          Blog? What blog...?

          Comment


            #15
            https://www.contractoruk.com/news/00...ay_payout.html

            They now have internal guidance for Inside IR35 roles, so it doesn't cross from Worker status to Employee

            Comment


              #16
              Originally posted by Wobblyheed View Post
              Annual leave, flexi leave, sick pay, pension, share schemes, etc?
              If so, how did it go?
              Leave and sick pay, could be negotiable as they would be the easiest for the client to implement.
              Especially on renewals, ask for X days paid leave during the contract, various ways to set that up:
              eg. Client signs timesheet as worked even when you are on holiday or sick. Alternatively client gives a rate bump but you can only bill a certain number of days during the contract, the others days you cant bill for. Eg you can only ever bill and work 110 days in a six month contract, but you get a 12% rate increase to cover your missing days. That 12% rate increase doesn't require a budget increase at the client end.
              Last edited by Fraidycat; 4 June 2021, 12:05.

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                #17
                Originally posted by Fraidycat View Post

                Leave and sick pay, could be negotiable on those as they would be the easiest for the client to implement.
                Why would a client pay it's suppliers leave and sick pay? What if they just turn round and say they believe any leave, sick or hols are included in the rate, take it or leave it?


                'CUK forum personality of 2011 - Winner - Yes really!!!!

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                  #18
                  Originally posted by Fraidycat View Post

                  Leave and sick pay, could be negotiable on those as they would be the easiest for the client to implement.
                  Especially on renewals, ask for X days paid leave during the contract, various ways to set that up, client signs timesheet as worked even when you are on holiday.
                  You mean ask the hiring manager to commit fraud?
                  See You Next Tuesday

                  Comment


                    #19
                    Originally posted by Lance View Post

                    You mean ask the hiring manager to commit fraud?
                    You have to have a new section on the timesheet called 'paid days off'

                    Comment


                      #20
                      Originally posted by northernladuk View Post
                      Why would a client pay it's suppliers leave and sick pay? What if they just turn round and say they believe any leave, sick or hols are included in the rate, take it or leave it?
                      Some times a client is constrained by budget, so you can attempt to negotiate on other things. They might agree if they cant get a budget increase but they really want to keep you.
                      Last edited by Fraidycat; 4 June 2021, 12:14.

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