Originally posted by Lockhouse
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Assessed as Inside from April or a Blanket Ban - it's time to leave
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Originally posted by Lockhouse View PostJust been assessed inside. Not happy with the way the client has answered some of the assessment questions. Will be appealing and when that obviously fails I'll start looking elsewhere.
And, in a similar vein, there is therefore nothing for you to (legally) appeal, since all the client has done is provide an opinion. Any appeal process they might have put in place is purely company policy at present.
You can legally continue to invoice as you do today under the existing contract, until such point your client gives notice/terminates that contract/stops signing timesheets.Last edited by Paralytic; 13 February 2020, 15:17.Comment
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Originally posted by dsc View PostI'm curious how the appeal process works at this point as surely it's part of legislation which has not yet been passed. Doesn't that mean that you can't really appeal as there's currently no law / rule which says you can? (I think it's a waste of time anyway as the whole "determination" isn't fair, it's all about risk mitigation from the client point of view).'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by dsc View PostI'm curious how the appeal process works at this point as surely it's part of legislation which has not yet been passed. Doesn't that mean that you can't really appeal as there's currently no law / rule which says you can? (I think it's a waste of time anyway as the whole "determination" isn't fair, it's all about risk mitigation from the client point of view).
However, the legislation isn't in play yet, so I don't suppose the client is under any stress to provide a response.Comment
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Originally posted by eek View PostI like this bit
Now I'm a cynic but a scattergun untargeted approach is perfectly allowed within that statement and such an approach will be more than enough to get them more money than they've ever been asked to collect.Comment
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Where it is agreed that a worker who has previously been regarded as self-employed [WORKING FOR END CLIENT] should now be treated as employed [FOR THE SAME END CLIENT], then you will need to consider whether to pursue the employer for NICs and tax for back years. The law and practice relating to NICs and tax is different, so you will need to consider each separately.
Why is a blanket ban = time to leave?
If you are PSC banned and you start PAYE for an umbrella on a general contract, not mentioning END CLIENT at all, there is no connection to be made.
Otherwise anyone who's been LTD until 5 April and becomes PAYE employee for whoever (brolly or not) would be treated with the above. Insane?!Comment
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Originally posted by pscont View PostSomething is surely missing. Added it.
Why is a blanket ban = time to leave?
If you are PSC banned and you start PAYE for an umbrella on a general contract, not mentioning END CLIENT at all, there is no connection to be made.
Otherwise anyone who's been LTD until 5 April and becomes PAYE employee for whoever (brolly or not) would be treated with the above. Insane?!
April payment goes to umbrella company y - your NI number shows large salary payment
Nothing to do with the client - everything to do with the agency you work through..merely at clientco for the entertainmentComment
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Originally posted by pscont View PostSomething is surely missing. Added it.
Why is a blanket ban = time to leave?
If you are PSC banned and you start PAYE for an umbrella on a general contract, not mentioning END CLIENT at all, there is no connection to be made.
Otherwise anyone who's been LTD until 5 April and becomes PAYE employee for whoever (brolly or not) would be treated with the above. Insane?!Comment
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Originally posted by eek View PostSame agency - March payment goes to company x - your NI number shows little salary
April payment goes to umbrella company y - your NI number shows large salary payment
Nothing to do with the client - everything to do with the agency you work through..Comment
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Originally posted by eek View PostSame agency - March payment goes to company x - your NI number shows little salary
Same agency April payment goes to umbrella company y - your NI number shows large salary payment
Nothing to do with the client - everything to do with the agency you work through..
I.e. you sign contract with a brolly where no agency name is mentioned. So you work for the brolly only and where your salary comes from is irrelevant. What is between brolly and agency is not your business.
Or brolly-agency contract specifically mentions you?Last edited by pscont; 13 February 2020, 15:46.Comment
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