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Previously on "When Umbrellas go bust?"

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  • northernladuk
    replied
    Originally posted by Andy Hallett View Post
    In this scenario he is employed. I presume IPSE doesn’t cover this.
    Bleedin agents. Clueless I tell ye.

    Leave a comment:


  • jamesbrown
    replied
    Originally posted by Andy Hallett View Post
    In this scenario he is employed. I presume IPSE doesn’t cover this.
    Depends what you mean by cover it. They have agency/umbrella default cover:

    If you have an outstanding invoice with an end client, agency, or umbrella company that is going bankrupt or into administration, it’s likely you won’t get paid. That’s why we provide IPSE members with up to £10,000 if an end client or agency goes into administration and up to £2,500 if your umbrella company goes bankrupt or into administration.
    Protect yourself | IPSE

    Leave a comment:


  • malvolio
    replied
    Originally posted by Andy Hallett View Post
    In this scenario he is employed. I presume IPSE doesn’t cover this.
    No, but they do have an option for a payment if your umbrella/agency/client goes bust...

    Leave a comment:


  • Andy Hallett
    replied
    Originally posted by jamesbrown View Post
    I don't suppose he's a member of IPSE?
    In this scenario he is employed. I presume IPSE doesn’t cover this.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by Nagsman View Post
    He had previously been using a reliable long established umbrella but the Agency would not allow that one as it was not on their preferred suppliers list of 4 - 2 of which now appear to have gone down.
    Any chance you can post them. This will affect more than just you so really useful to get some information up for others that come looking.

    The Crystal Umbrella thread started with one person mentioning it and we had a flurry of people getting really useful advice about the situation.

    If you don't want to them PM me the agents details and I'll ring them and try and get the info out of them.

    Leave a comment:


  • Nagsman
    replied
    when Umbrellas go bust

    Originally posted by northernladuk View Post
    Not duty of care. They should have done their diligence but they aren't liable. Did they just recommend them or did they give you a list you had to chose from? Golden tip. Never use anything an agent recommends if at all possible. They only do it for kick backs.

    Definitely take it back to the agent through. I'd be threatening to down tools as well. That means the agent won't get his comission so they'll sit up and take notice of that.
    He had previously been using a reliable long established umbrella but the Agency would not allow that one as it was not on their preferred suppliers list of 4 - 2 of which now appear to have gone down.

    Leave a comment:


  • Scruff
    replied
    mmm...interesting

    If they have been placed into formal Liquidation, you, as an employee of the Umbrella should have preferential rights as a creditor.

    I would firstly try to determine whether

    1. The Umbrella is incorporated in England and Wales (look up their names from the contract in Companies House).
    2. It is actually in Liquidation (again, look in Companies House for their status).
    3. If they are in Liquidation, contact the Liquidator (by telephone and then follow up by email).
    4. Confirm with the Liquidator that they have you down as an employee and creditor.

    IANYA

    Leave a comment:


  • northernladuk
    replied
    Originally posted by ladymuck View Post
    Although hard to do in practise if an agent refuses to let you use your preferred brolly. Even if they did pay their subs to the big boys club.
    Yep. There are a few out there that will let you chose still. I've assumed this isn't a case of the 5 big ones like we usually get though. None of them are going to go bust or are that bad they don't respond so assuming it's a backhander set up with little diligence carried out.

    Be really useful if he could name them. We had a field day with the Crystal Umbrella/Pendragon/Back to Crystal carry on.

    Leave a comment:


  • jamesbrown
    replied
    I don't suppose he's a member of IPSE?

    Leave a comment:


  • ladymuck
    replied
    Originally posted by northernladuk View Post
    Not duty of care. They should have done their diligence but they aren't liable. Did they just recommend them or did they give you a list you had to chose from? Golden tip. Never use anything an agent recommends if at all possible. They only do it for kick backs.

    .
    Although hard to do in practise if an agent refuses to let you use your preferred brolly. Even if they did pay their subs to the big boys club.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by Nagsman View Post
    A family member, long time contractor is working via and Agency which has insisted that he uses one of the Umbrellas on their preferred list. Back in September Umbrella 1 ceased to trade owing him 2 weeks money. More recently Umbrella 2 has not paid him since mid-december and is unresponsive to emails and phone calls.

    Since the Agency is insisting that these are approved umbrellas are they legally liable? Surely they are in breach of their duty of care.
    Not duty of care. They should have done their diligence but they aren't liable. Did they just recommend them or did they give you a list you had to chose from? Golden tip. Never use anything an agent recommends if at all possible. They only do it for kick backs.

    Definitely take it back to the agent through. I'd be threatening to down tools as well. That means the agent won't get his comission so they'll sit up and take notice of that.

    Leave a comment:


  • GhostofTarbera
    replied
    Originally posted by Nagsman View Post
    A family member, long time contractor is working via and Agency which has insisted that he uses one of the Umbrellas on their preferred list. Back in September Umbrella 1 ceased to trade owing him 2 weeks money. More recently Umbrella 2 has not paid him since mid-december and is unresponsive to emails and phone calls.

    Since the Agency is insisting that these are approved umbrellas are they legally liable? Surely they are in breach of their duty of care.
    No


    Sent from my iPhone using Contractor UK Forum

    Leave a comment:


  • lucyclarityumbrella
    replied
    Originally posted by Nagsman View Post
    A family member, long time contractor is working via and Agency which has insisted that he uses one of the Umbrellas on their preferred list. Back in September Umbrella 1 ceased to trade owing him 2 weeks money. More recently Umbrella 2 has not paid him since mid-december and is unresponsive to emails and phone calls.

    Since the Agency is insisting that these are approved umbrellas are they legally liable? Surely they are in breach of their duty of care.
    Hmmm that's an interesting one. It is obviously down to the umbrella to make payment to you and you make sure that your family member is noted as a debtor with the liquidators. If the umbrella is unresponsive, then I would be asking the agency to make contact with them and update you given they forced you into employment with them, morally yes, as to whether there is any legal recourse I am guessing probably not.

    Leave a comment:


  • Nagsman
    started a topic When Umbrellas go bust?

    When Umbrellas go bust?

    A family member, long time contractor is working via and Agency which has insisted that he uses one of the Umbrellas on their preferred list. Back in September Umbrella 1 ceased to trade owing him 2 weeks money. More recently Umbrella 2 has not paid him since mid-december and is unresponsive to emails and phone calls.

    Since the Agency is insisting that these are approved umbrellas are they legally liable? Surely they are in breach of their duty of care.

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