Originally posted by tractor
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Opt out of Conduct of employment agencies 2003 act?
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Originally posted by v8gaz View PostCan you let me know how and when you asked and I'll make sure it's answered?Comment
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Originally posted by tractor View PostI sent you a PM as I am guessing it's out of order to quote PCG forums.Comment
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Originally posted by v8gaz View PostGot your PM and replied. For the benefit of those reading that have been given the impression that PCG ignores questions from members, asking Al on the forum is not the same as "asking PCG"
As to asking Al not being equal to asking the PCG, my question was to the forum and I am discussing the matter in the Official PCG Policy and Consultations forum. I am discussing policy matters and expect the PCG view and input. If I wanted to discuss the finer points of personal interpretations, I would post in General or better, The Lounge! What does it take to get an 'official' view???Comment
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To get an official view, read the published statements and documents on the website, or call the policy team at the office. The forum is for discussion and input - it's read by the team, and does influence policy. What it is not is official output. Anything in there is a discussion, and like all discussions, many views are expressed.Comment
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Originally posted by mudskipper View PostAgency worker regulations isn't the same thing as Conduct of Employment Agency regulations....Rhyddid i lofnod psychocandy!!!!Comment
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aytriaytri
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I am confused on this... can anyone confirm whether the email extract below is agency bulltulip or not?
Regarding the Conduct of Employment Agencies 2003:
If the limited company contractor 'opts-in' to the employment regulations yet remains acting under his/her own limited company this could be deemed as being a disguised employee and avoiding paying the correct levels of NI and PAYE as a direct employee. This risk is also equally trasnferable to our end client. Who, if investigated also be the HMRC could be deemed as avoiding paying the correct NI and PAYE for the indvidual as an employer.
A further point to note as well for the contractor that if he 'opts-in' they should then cease to claim any Limited Company expenses for travel, sustenance, computer and mobile phone and regular working expenses via their Limited Company. Continuing to do so whilst opting out will be deemed as fraudulent by the HMRC against the Limited Company.
[our legal advisor] has also advised that we should make [the end client] completely aware with regards to this as essentially they are accepting a commercial risk by engaging [the contractor] without [the contractor] opting out. By opting in [the contractor] is removing any autonomy or independance from his limited company and fundamentally the client should want to revisit the rate and could drive this down based upon their added risk.Last edited by aytri; 5 August 2014, 18:15.Comment
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aytriaytri
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Originally posted by Kess View PostAlmost certainly BS. I wonder who [legal advisor] is...?
So if I opt in (or rather, don't opt out!), surely it has nothing to do with the end client? And has no bearing on PAYE/tax/expenses or anything else?!!!Comment
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