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Isn't the problem that as they process your payroll they can just deduct it at source if you try to take the pi$$?
They can't (legally) do that without your agreemenet. All deductions from payroll beyond PAYE and NI have to be agreed by the recipient or imposed by a court.
Remember you're an employee of the umbrella company, if they've messed it up should repay it on your terms.....and change brollies or set up a limited company!
If they are right then you should pay them back the money as it is not yours.
I belive there is a time limit for them to claim the money back however, but I can't remember what it is off the top of my head, I think 3 years but I may have just made that up.
On the positive side you can always claim to not have any spare cash and offer to pay them back at a rate of £1/week for the next 38 years. Also a good opportunity to start your own LTD Co, pay yourselfa minimum wage and if they decide to take you to court say look i only earn £5000 a year, my £1 a week offer is all I can afford !!!
Bear in mind that they srewed up so you have some power hen it comes to deciding the terms for paying them back the money.
I am not looking for legal advice - just some opinions.
I use Chorus (JSA) as an umbrella company for my IT contracts and
have done since 2003.
I have just recieved a letter along the lines of 'during an audit
it transpires that in 2004 we both underpaid and overpaid you - the
outcome of which is you owe us £2000 - please let us have a cheque'!
Obviously my first thought was to send a cheque plus my house deeds
and car keys but........
Questions:
1. Anyone else dealing with Chorus (JSA) been contacted like this (or is
it just me).
2. Are they just trying it on and am I within my rights to tell them to
go away and transfer my business elsewhere (which I will do anyway).
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