Who is responsible for CEST mess-up, end-user or Agency?

[Consultant1]

Hi,

After contracting for decades under my own Ltd Co., I took my first inside IR35 role last year. The role turned-out to be different from the one advertised and I agreed to, in that the work I conducted was different from that expected of the role advertised.

I raised this about halfway through the contract and asked for the CEST to be rerun based on the correct role. I kept getting push-back and left (or was not offered a new contract) at the end of the initial 6 months. I'm still pushing for the CEST assessment to be investigated though, as I take the view the role, and my part in it, were not assessed correctly. Essentially, I'm looking to get this overturned and recover my losses.

So, if I had to sue one party to do this who would it be - end-user or Agency?

As well as the end-user and Agency, I was put through an umbrella company as the employer. The umbrella was from a defined list supplied by the Agency.

Any insights are welcome.

[cojak]

It makes no odds if the client has a blanket ban on PSC/LTDs.

so you need to find that out first.

[eek]

Snip

I was put through an umbrella company as the employer.

You were an employee of the umbrella company

There are no losses to recover - end of story.

Edit to add - the umbrella may however have screwed up and made illegal deductions Home - Umbrella Reclaim can help you there.

(for other readers, yes I know I think it's a waste of time but in cases like this its better than nothing).

[northernladuk]

Any insights are welcome.

Move on. No chance you are going to fix this retrospectively.