FCSA Umbrella Companies - Have Your Say

[DolanContractorGroup]

Are stating that you have earned more than statutory employment rights due to your length of service? If so you may wish to go back and revisit your contract of employment to see what is stated as the employer only has an obligation to pay SMP.

Hi,

I think what Liam means is that as their continuity of employment will be lost, they will again have to be with their new umbrella employer for at least 6 months before they can avail SMP, or SPP (pay and leave).

Kind regards

Zeeshan

[lucyclarityumbrella]

As an example, my wife and I will lose the maternity and paternity rights and benefits when our first child is born that we have have earned whilst being with the same umbrella for several years.

Are stating that you have earned more than statutory employment rights due to your length of service? If so you may wish to go back and revisit your contract of employment to see what is stated as the employer only has an obligation to pay SMP.

[DolanContractorGroup]

You'd think there would be any companies out there selling holidays without making any money, and, well....

Haha. An unfortunate case, that one.


Kind regards

Zeeshan

[northernladuk]

And I don't think there are any companies out there (even non-compliant ones) that would do payroll without making any money.

You'd think there would be any companies out there selling holidays without making any money, and, well....

[DolanContractorGroup]

Hi Liam,

Yes, it is true that continuity of employment would be lost, but maybe joining a compliant umbrella is the best option moving forward for all agency workers as it ensures other protections which you may not currently have.

Stop paying the weekly fee to any umbrella company and see what rights you have - they will surely all offer the same thing which is really only a payroll option. Dressed up maybe, sold definitely but a payroll company.

Hi Moggy,

Compliant umbrella employers derive their income from the recruitment agency (or end-client if the worker is working direct). There is no instance where an umbrella would employ a worker giving them full statutory employment rights, pay them, and not make a margin from the payments received from the agency or client.

And I don't think there are any companies out there (even non-compliant ones) that would do payroll without making any money.

Kind regards,

Zeeshan

[moggy]

Stop paying the weekly fee to any umbrella company and see what rights you have - they will surely all offer the same thing which is really only a payroll option. Dressed up maybe, sold definitely but a payroll company.

[Paralytic]

You are still entitled to Mat Pay, Pat Pay etc through an umbrella, as long as they are opertaing properly, they are legally your employer, so they must make these payments to you. HTHs

I think LiamJones point is that the rights built up under the tenure of the existing umbrella will be lost with this move to the new one.

[saptastic]

We are being forced to move to an FCSA umbrella which, just like any move to a new employer, means resigning and starting again to build employment rights.

FCSA seem like a credible organisation so on the plus side moving to an FCSA audited umbrella is maybe a good thing.

[lucyclarityumbrella]

As an example, my wife and I will lose the maternity and paternity rights and benefits when our first child is born that we have have earned whilst being with the same umbrella for several years.

You are still entitled to Mat Pay, Pat Pay etc through an umbrella, as long as they are opertaing properly, they are legally your employer, so they must make these payments to you. HTHs

[Paralytic]

We are being forced to move to an FCSA umbrella which, just like any move to a new employer, means resigning and starting again to build employment rights.

In what way "forced"? What are you actually resigning from? Are you employed via the agency today or go via a Ltd company or some other form of engagement?

[LiamJones]

We are being forced to move to an FCSA umbrella which, just like any move to a new employer, means resigning and starting again to build employment rights.

[NotAllThere]

Just to be clear. You're currently agency employees, but have to sign up to an FCSA accredited umbrella company? Or are you currently with a non-FCSA accredited brolly?

[LiamJones]

My wife and I our NHS agency workers and the founders of Save NHS Workers campaign that is protesting about the intended forced resigning of NHS agency workers if they are not employed and being paid by an FCSA accredited umbrella company, which is the consequence of Health Trust Europe (HTE) changing the frameworks rules. By being forced to resign and sign up with a new umbrella all those effected will lose employment right and protection. As an example, my wife and I will lose the maternity and paternity rights and benefits when our first child is born that we have have earned whilst being with the same umbrella for several years.
Agency workers are not just a name, number and commodity to be passed around by HTE, agencies and frameworks as we are employees of the umbrella and have the same rights as normal employees...one of which is not to have those rights taken from us at the whim of HTE.
The integrity of the HTE intentions and the forcing of FCSA umbrellas upon agency workers has to be called into question and investigated following the publishing our latest online article Public Articles
Regardless of the different views we all may have about the UK contracting sector, I believe that this is a genuine worry and real concern for all contractors either now or very soon so I urge you to come out in support of our campaign in anyway that you can so that HTE cannot just do what they want and disregard contractor rights.