Umbrella rejecting claims

[rickom]

They have to ask these questions. If you give the wrong answers then they can't pay the claim because it doesn't comply with HMRC's rules for expenses claimed from a temp work location.



It's up to you to consider your circumstances and answer the questions as best you can. If you don't know, then you have to consider the probabilities and made an educated guess. You can't claim expenses if you reasonably expect to be on site for > 24 months and this is the only assignment you will take on with this agency or it's the only temp assignment you will ever do.

Let me tell you a secret though - the answer they are looking for is yes to all three questions. If you answer anything other than yes to these questions then HMRC say you can't claim travel/subsistence. It's not the brolly's policy, it's HMRC's policy. Your umbrella won't want to get into a big discussion about the ins and outs of it, it's just the way the HMRC rules are.

Agreed. I am not trying to cut any corners. I unfortunately cannot reply "Yes" as they have now categorically asked me not to.Legal implications if any are the last I am looking for while making an exit.

The reason I feel mugged, is it is a part of their "routine" ( I can't say policy) ; to inform the candidates that this above comes into effect; which I was not.That gives people like me a chance to consider the decision or on the other hand get my expenses out of the way or better let the contract run through.(Mind here that i had previous months expenses to be claimed as well, it was denied in retrospective terms as well) I have an apology letter for the same, but that is not going to help my situation in any way. Now they have put their hands up and pushed it onto my shoulders. Overnight courteous people have changed their tone.

I am at fault for not reading the fine print;they are at fault for being unprofessional.I'd not recommend Giant on my experience.

[ASB]

Agreed. I am not trying to cut any corners. I unfortunately cannot reply "Yes" as they have now categorically asked me not to.Legal implications if any are the last I am looking for while making an exit.

The reason I feel mugged, is it is a part of their "routine" ( I can't say policy) ; to inform the candidates that this above comes into effect; which I was not.That gives people like me a chance to consider the decision or on the other hand get my expenses out of the way or better let the contract run through.(Mind here that i had previous months expenses to be claimed as well, it was denied in retrospective terms as well) I have an apology letter for the same, but that is not going to help my situation in any way. Now they have put their hands up and pushed it onto my shoulders. Overnight courteous people have changed their tone.

I am at fault for not reading the fine print;they are at fault for being unprofessional.I'd not recommend Giant on my experience.

If you believe you claim is valid as you change your arrangements to go Ltd then why don't you just claim those expenses which you have been unable to submit through your tax return. The net affect on the overall tax you pay is the same (though you will get the NI hit still).

The only requirement that exists for the brolly to process any expenses is that laid out in your contract of employment or service agreement. It seems you agree that they are not in breach of this.

[Wanderer]

Agreed. I am not trying to cut any corners. I unfortunately cannot reply "Yes" as they have now categorically asked me not to.

Oh well. Take it on the chin and move on I guess. You win some, you lose some.

Remember though that it's not the brolly that did this to you, it's HMRC and their arcane rules.

[rickom]

Cheers for the shoulder guys!

If you believe you claim is valid as you change your arrangements to go Ltd then why don't you just claim those expenses which you have been unable to submit through your tax return. The net affect on the overall tax you pay is the same (though you will get the NI hit still).

The only requirement that exists for the brolly to process any expenses is that laid out in your contract of employment or service agreement. It seems you agree that they are not in breach of this.

That's great, I'll have a word with my accountant and see if I could pass a tax claim on that.

[sammywammy]

The OP mentions that the umbrella company refused to accept their outstanding expenses claims but surely, if they are applying this "first and only assignment" rule, to be consistent they should also look at all previous claims that they had indeed accepted?

[cojak]

Indeed.

But since the thread is 8 months old it may be a moot point.

[sammywammy]

Well considering that they would not be the first contractor to have to leave their umbrella company after their first client, it may be of interest to other people (including myself) how their umbrella dealt with the earlier claims. From what they are suggesting, the umbrella company only disputed the outstanding claims.

[Sausage Surprise]

Giant don't like it when you leave...I have experienced it also

[Jase]

I would never recommend Giant to anyone.

Giant don't like it when you leave...I have experienced it also

Same for me - Giant are to be avoided. It took forever to get my P45, every excuse under the sun.