Legal Challenge

[PM Contractor]

A charity has just announced that it will mount a legal challenge regarding its clients (migrants with no recourse to public funds) being deemed ineligible to claim benefits during the Coronavirus crisis.

Should Contractors whose contracts ended on 28 February and who do not have access to any Government funds (including Universal Credit as a result of savings to see us through between contracts) consider a legal challenge?

I have been contracting for a year and a half and have paid c. £43k in NIC and Tax during that time but will receive nothing as a result of being ‘deemed employed’ rather than being considered ‘self-employed’.

[eek]

A charity has just announced that it will mount a legal challenge regarding its clients (migrants with no recourse to public funds) being deemed ineligible to claim benefits during the Coronavirus crisis.

Should Contractors whose contracts ended on 28 February and who do not have access to any Government funds (including Universal Credit as a result of savings to see us through between contracts) consider a legal challenge?

I have been contracting for a year and a half and have paid c. £43k in NIC and Tax during that time but will receive nothing as a result of being ‘deemed employed’ rather than being considered ‘self-employed’.

Could you explain what you are talking about?

Were you working in March or were you unemployed?

And if you were working were you working via an umbrella company?

[northernladuk]

A charity has just announced that it will mount a legal challenge regarding its clients (migrants with no recourse to public funds) being deemed ineligible to claim benefits during the Coronavirus crisis.

What has that got to do with anything? Why should they?

Should Contractors whose contracts ended on 28 February and who do not have access to any Government funds (including Universal Credit as a result of savings to see us through between contracts) consider a legal challenge?

But they do don't they?

I have been contracting for a year and a half and have paid c. £43k in NIC and Tax during that time but will receive nothing as a result of being ‘deemed employed’ rather than being considered ‘self-employed’.

But you will won't you?

[PM Contractor]

What has that got to do with anything? Why should they? I will ignore this comment.

But they do don't they? No they don't. That's my point.

But you will won't you?

I don't get your point but I'm happy for you not to explain it me, thank you

[PM Contractor]

Eek - I was not working in March as my contract ended on 28 February. As a result of IR35 regs I am deemed to be 'employed' but as my contract ended on 28 February I cannot be furloughed despite there being no work due to Coronavirus. Had I been considered to be 'self-employed' (which in real terms I am) I would have been eligible to claim support through the Self-employed Scheme, Basically I won't get a single penny of support purely as a result of my 'employment status'.

[PM Contractor]

Could you explain what you are talking about?

Were you working in March or were you unemployed?

And if you were working were you working via an umbrella company?

I am asking if it is worth mounting a legal challenge in relation to the fact that IR35 Regulations mean that while I am self employed in terms (no sick pay, no employment rights) I am deemed to be employed and therefore will not get a single penny of support despite there be virtually no work available. Had I been considered 'self-employed' I would have received support from the Self-employed Scheme.

No, I was not working in March - my contract ended on 28 February.

[eek]

I am asking if it is worth mounting a legal challenge in relation to the fact that IR35 Regulations mean that while I am self employed in terms (no sick pay, no employment rights) I am deemed to be employed and therefore will not get a single penny of support despite there be virtually no work available. Had I been considered 'self-employed' I would have received support from the Self-employed Scheme.

No, I was not working in March - my contract ended on 28 February.

So you've been unemployed since March 3rd which means your only option you (sadly) have is universal credit.

Hey you have definitely been unlucky but you are just one of a lot of people in the same position (I'll happy introduce you to the numerous people who have been made redundant over the past few weeks who are in the same boat as you but not the guy that was made redundant and actually named on a call where everyone else was furloughed he is very rightfully very annoyed).

[northernladuk]

Are you self employed or are you via a LTD?

[eek]

Are you self employed or are you via a LTD?

Given the forum I'm guessing via an umbrella until February 28th 2020 when the contract finished.

The phrase I would use is very unlucky...

Going back to the original question the £x,000 it would cost (probably £100,000 as it would be a judicial review) to pursue this case would be far better spent keeping you going.

[lucyclarityumbrella]

Eek - I was not working in March as my contract ended on 28 February. As a result of IR35 regs I am deemed to be 'employed' but as my contract ended on 28 February I cannot be furloughed despite there being no work due to Coronavirus.

From what I can ascertain, you are only an employee if you had engaged with an umbrella company due to being determined as inside IR35, if you walked from the role then you are unemployed. If you were working via an umbrella then yes, you are deemed an employee and as such, as long as you were on their payroll before 28th Feb then you are an employee and should be able to access furlough payments.