Reply to: Crossrail/Contractor/Agency... help needed

[Mordac]

Oh dear oh dear oh dear.....

You seem to like the forum yet missed the whole section dedicated to contracting in the public sector. Doh...

For anyone who was wondering how many more lambs are marching towards the slaughterhouse, the answer seems to be, quite a lot...

[PhiltheGreek]

Both are covered by the Freedom of Information Act.

There were a couple of posters on here when the legislation was coming out that stated very clearly that Crossrail would be effected.

It will be affected too.

[Patrick@Intouch]

"The Contract of Employment is between you and ourselves, it is not Crossrail or XXX – you are an employee of us, so it is nothing that either Crossrail or XXX would be able to rectify.The whole of the Crossrail contract – as it is Government funded – is PAYE. That is one of the stipulations."

Are you personally employed by this agency or is there a contract in place between your company and them?

[SueEllen]

Only started 2-3 weeks ago. Was on the London underground network prior to this.

Both are covered by the Freedom of Information Act.

There were a couple of posters on here when the legislation was coming out that stated very clearly that Crossrail would be effected.

[northernladuk]

If they do not provide the justification within the proscribed time limit then the client becomes responsible for the tax and National Insurance.

Correct but they also get very stroppy even if the agent is sending them snips of the legislation to prove what they should be doing. You'll get a snotty email and you client manager will come over and have a word advising it would be better to drop it

[eek]

If they do not provide the justification within the proscribed time limit then the client becomes responsible for the tax and National Insurance.

Do we actually know what the above actually means? I suspect it could be open to a lot of interpretations.

I think this is one of those cases where we don't know the full picture and the OP wasn't paying attention to what the original contract says as he seems to have personally signed a contract of employment rather than anything to do with his limited company.

Now if he was an IPSE member I would be suggesting he called the helpline but there is so much missing from this story and so much that you can read into how on earth he's got into this position that I suspect he hasn't even heard of IPSE let alone is a member of it.

[TheFaQQer]

BTW if they refuse number 2 there isn't much you can do about it.

If they do not provide the justification within the proscribed time limit then the client becomes responsible for the tax and National Insurance.

[NotAllThere]

Thread moved.

[northernladuk]

BTW if they refuse number 2 there isn't much you can do about it.

[eek]

To be inside IR35 on a public sector contract the requirements are:-

1) The company must be subject to the Freedom of Information Act
2) There must be a written determination showing why your rule is inside IR35 and it cannot be a blanket determination.

However as you've started your contract I suspect its too late to do anything about it and you should have determined the status of the contract and negotiated it well before you accepted it...

[northernladuk]

Only started 2-3 weeks ago. Was on the London underground network prior to this.

OK. I'm surprised you aren't aware of the changes in the public sector and didn't bring all this up before you signed the contract. You been underground all this time or something
You might have been able to sort a more tax efficient solution rather than using the agency PAYE if you'd known.

It's all in the Public Sector IR35 section of the forums and I start with the stickies.

[hj88]

Only started 2-3 weeks ago. Was on the London underground network prior to this.

[northernladuk]

Thanks for the input

You are welcome. Were you with cross rail pre April or have taken a contract since?

[hj88]

Oh dear oh dear oh dear.....

You seem to like the forum yet missed the whole section dedicated to contracting in the public sector. Doh...

Thanks for the input

[northernladuk]

Oh dear oh dear oh dear.....

You seem to like the forum yet missed the whole section dedicated to contracting in the public sector. Doh...