Reply to: What to do??

[lukemg]

Go back on your terms, forget what you used to get paid, find out the contract market rate and pitch at the top-end of this (they asked you, you know everything about the place and can be productive very quickly).
If the job fits with wfh, have no qualms about suggesting a 50/50 split of on-site and off.
etc etc.
Forget sole-trader etc, thats all details, find out if you want the job and how much it pays/conditions e.g. 3 days.
If you want it, propose what you want to go back and they can make a decision on that basis, you arent desperate to go back so can be relaxed if they decline.
Youve got all the good cards, make sure you use them...

[riffpie]

Presumably those that went back paid tax on their redundancy pay, then, since they weren't being made redundant.

I have no idea, tbh. Never occurred to me.

[scoobymap]

Good point. Not thought about that. It will be a question that I will ask. Thanks

Presumably those that went back paid tax on their redundancy pay, then, since they weren't being made redundant.

[scoobymap]

Yep thats exactly what has happened. Anyway will go in for a chat next week. Curious what they will offer me. Suit me to work from home now as wife gone back full time. We will see!!

Maybe they were overly eager in their redundancies? Happened to me a while back in permieland, got laid off, then asked back because they found they still needed people. "Sorry, too late" was my reply, but a couple of others went back.

[DirtyDog]

Maybe they were overly eager in their redundancies? Happened to me a while back in permieland, got laid off, then asked back because they found they still needed people. "Sorry, too late" was my reply, but a couple of others went back.

Presumably those that went back paid tax on their redundancy pay, then, since they weren't being made redundant.

[riffpie]

If you were made redundant, how come there is work for you to do?

I'd speak to a lawyer before going back - if you received a redundancy payment, and the job isn't redundant then there may be tax implications for you.

Maybe they were overly eager in their redundancies? Happened to me a while back in permieland, got laid off, then asked back because they found they still needed people. "Sorry, too late" was my reply, but a couple of others went back.

[DirtyDog]

If you were made redundant, how come there is work for you to do?

I'd speak to a lawyer before going back - if you received a redundancy payment, and the job isn't redundant then there may be tax implications for you.

[d000hg]

Can I go back to work with my ex employee after being made redundant, taken into account that HMRC know me as a sole trader (one years contract). What options are there?

If you work as a sole trader, the fact you just left the company won't stop you. Happens all the time that people retire and do a bit of consultancy to their old company.

If you are thinking of going Ltd/Umbrella and are worried how this conflicts with having registered as sole trader already... I doubt it's a big deal but don't know what you would do about it.

[scoobymap]

I have set up as a sole trader NOT Limited.

Can I go back to work with my ex employee after being made redundant, taken into account that HMRC know me as a sole trader (one years contract). What options are there?

Have you set up a legally registered Ltd company, or have you registered as a sole trader with HMRC? The two are very different.

Either is fine to work directly with a company, most contractors do the former because recruitment agencies prefer not to work with sole traders but if the company has no issue this isn't a big deal. You'd just agree a rate per hour/day and provide invoices. You absolutely need a contract though, to dictate how quickly they must pay and so on.

People are going to warn you that you're inside IR35, which is about the government thinking you're calling yourself a contractor when you're essentially working as an employee. But it rather sounds like you would be working as an employee? [can anyone remember if IR35 applies to sole traders anyway?]

If you plan to be a contractor after this anyway, setting up a Ltd company is worthwhile, but I wouldn't feel the need to for this work.

[jamesbrown]

can anyone remember if IR35 applies to sole traders anyway?

No, it's a company liability (hence intermediaries legislation). However, there is a test for (false) self-employment, so a sole trader may be taxed as if they were an employee (i.e. the engager failing to operate PAYE and pay employers NICs; for this reason, among others, the engager would generally avoid this type of arrangement).

[eek]

How about taking them on as a client, and doing, say, a couple of days a week for them? They get the benefit of your expertise, you get some income, and you're still free to pursue your business your own way.

+1. Work out what hours you can do without impacting your new business and offer them those hours and use it to subsidies the business until its making money.

[riffpie]

How about taking them on as a client, and doing, say, a couple of days a week for them? They get the benefit of your expertise, you get some income, and you're still free to pursue your business your own way.

[GazCol]

Having worked for a company for over 25 years I was made redundant last spring. Having set up my own company as a sole trader plus all the stresses of learning the ropes. Then this week I had a phone from my ex employee asking if I would like to come and chat about initially working for them on a years contract.

i was an employee last time. They don't know about me setting up my own business at this stage. I don't want to drop my new business plans completely (things v slow business wise but should pick up little by little this year) What are my options before I go and have a chat with them next week?? Love to hear your comments. (the work is office based)

What industry/field do you work in?

[northernladuk]

What type of contract? FTC or a proper one. Either way going back to your employer eould generally mean you might be better going Umbrella.

There is another long thread running about somone in exactly your situation. Best bet is to go read that so we don't have to go through it a over again.

[d000hg]

Have you set up a legally registered Ltd company, or have you registered as a sole trader with HMRC? The two are very different.

Either is fine to work directly with a company, most contractors do the former because recruitment agencies prefer not to work with sole traders but if the company has no issue this isn't a big deal. You'd just agree a rate per hour/day and provide invoices. You absolutely need a contract though, to dictate how quickly they must pay and so on.

People are going to warn you that you're inside IR35, which is about the government thinking you're calling yourself a contractor when you're essentially working as an employee. But it rather sounds like you would be working as an employee? [can anyone remember if IR35 applies to sole traders anyway?]

If you plan to be a contractor after this anyway, setting up a Ltd company is worthwhile, but I wouldn't feel the need to for this work.