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Recent content by mike67
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UK minister backs state bailout for owner-directors
If they bail out limited company directors, Rishi will then say that there is justification for treating us like employees and that HMRC is justified in the IR35 war against us. If he does not, there is at least a stronger argument that IR35 is unfair as we didn't get any bail out. Although tbh...- mike67
- Post #9
- Forum: Coronavirus Assistance
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Dave Chaplin's anti IR35 campaign
If you look at what Dave Chaplin actually posted, yes he is against IR35 in the private sector but the real purpose of his article is to highlight the sham of the consultation process. When they did the IR35 in the public sector consultation, HMRC published a summary of responses which did not...- mike67
- Post #22
- Forum: IR35 Reform
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Restriction Clause help needed
No, it was specifically as part of the restriction, ie if I went to the client directly or through another agency, they would lose the commission they make on me for three months and so would charge it to me, and this was coupled with a set off clause that said that they would set off anything I...- mike67
- Post #40
- Forum: Business / Contracts
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Restriction Clause help needed
Yes, seen one last year in a proposed contract from an agency. It was worse than that, it had a liquidated damages clause that said that if I broke the terms they would charge me something like 15% of the day rate for three months as an estimate of their losses and then there was a clause saying...- mike67
- Post #38
- Forum: Business / Contracts
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Umbrella to Limited with the same client
Legally you can probably do it and I doubt the client would care that much. However, it probably increases your IR35 risk if you do so (assuming you are out of scope). When you work through an umbrella company, you are being supplied as a specific named individual to the client, ie the umbrella...- mike67
- Post #3
- Forum: Umbrella Companies
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Advice Needed: Employer not paying previous work due to early departure
Actually Regulation 12(b) of the Conduct Regs says the agency can't withhold payment even if there is no signed timesheet providing they can satisfy themselves by other means that the work-seeker worked for the particular period in question. One of the better things about not opting out is that...- mike67
- Post #10
- Forum: Accounting / Legal
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Advice Needed: Employer not paying previous work due to early departure
If this is through an agency then one key question is whether or not the candidate has opted out of the conduct regulations. Under Regulation 12 there are restrictions on cases where the agency can refuse to pay the worker for work they have already done. Whilst the correct approach would be...- mike67
- Post #8
- Forum: Accounting / Legal
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Umbrella goes bust taking my money with it
Dreadful situation but you were "employed" by the umbrella company who supplied your services under their contract with the client, and you supplied your time under that contract for the period up to now. So the client has an obligation to pay the umbrella company and not you (personally or...- mike67
- Post #3
- Forum: Accounting / Legal
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Broken self billing system what are my options
Unfortunately in the self billing agreement the OP will have specifically agreed not to raise invoices for the services covered by the agreement - it is part of the standard legal wording that HMRC insists on. Agree with the suggestion to raise it informally with the client and hope that they...- mike67
- Post #11
- Forum: Business / Contracts
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Restrictive covenants
The contract is company to company and so what you do personally is up to you. Agencies often include a provision to say that your company procures that you as an individual will not go directly or indirectly to the client except through them. This says that your company should get an agreement...- mike67
- Post #4
- Forum: Business / Contracts
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Legal advice please
If you have a court order and it has been breached, then you should contact the court which issued it. This is not a legal action between you and HMRC, it is up to the court to hold HMRC to account. The court order is just that - the court orders HMRC to desist from harassing you. If they...- mike67
- Post #3
- Forum: Accounting / Legal
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Set up company or go umbrella?
Regardless of public or private sector, IMHO if you are considering switching mid-contract, probably best to discuss with the agency at the start and check whether they are happy to do it. Friend of mine about two months ago wanted to switch and the agency point blank refused to agree it...- mike67
- Post #11
- Forum: Umbrella Companies
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Set up company or go umbrella?
Not sure I agree with this. If the OP is outside IR35, the contracting model for limited and umbrella is very different. In the umbrella model you are usually supplied as a specific individual and things like AWR apply (so the agency has to get comparable salary info, apply uplifts etc) whereas...- mike67
- Post #7
- Forum: Umbrella Companies
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End client ending contract and changed their minds to pay the notice period payment
I presume that the trail of what happened was the client said to the OP that they were terminating the contract, he or they told the agency and potentially the agency then terminated his contract. I say potentially because the agency may not actually have done so - they may have assumed that he...- mike67
- Post #22
- Forum: Business / Contracts
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Recommend or Avoid any of these Umbrella Companies?
If you are forced to use one of their panel of umbrella companies, most of these look fine. They will all pay you in the same way, only difference will be what they charge you and whether you like them.- mike67
- Post #9
- Forum: Umbrella Companies
