Surely, based on existing standard contracts, the agency will ordinarily be in breach of contract by making these deductions instead of paying gross?
Most agency>PSC contracts state a rate, say £500+vat per day, so agency is under a contractual obligation to pay £600 to that PSC, full stop. Although they have the statutory obligation to deduct the tax and ee's NICS, this is incompatible with the contractual obligation here so the PSC could separately sue them for that same amount, right? What am I missing here?
Most agency>PSC contracts state a rate, say £500+vat per day, so agency is under a contractual obligation to pay £600 to that PSC, full stop. Although they have the statutory obligation to deduct the tax and ee's NICS, this is incompatible with the contractual obligation here so the PSC could separately sue them for that same amount, right? What am I missing here?
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