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Claim Back Monies From Your Umbrella

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    #21
    Originally posted by Hanbanthankyoumam View Post
    Sounds like this whole thing has been set up to pass contractors to an affiliate brolly. All compliant umbrellas should work the same; so the fact they've said their special one is out of reclaim scope, has massive alarm bells ringing for me!
    That does not matter to me as I no longer have to use one thankfully but I think the point may have been that they do not have history where the claim could go back the 6 years where I guess some of the better known ones have. Maybe, as I say I am not really bothered and simply taking a punt, if I lose out it will only be £100 but if it works out it will be thousands coming back.......fingers well and truly crossed :-)

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      #22
      Originally posted by eek View Post
      It seems the original case wasn't contested so the case umbrella reclaim is using as the basis of their claim may be completely irrelevant as it is a default judgement due to no defence being offered. Which means that there is currently no basis to justify the claim that it was affirmed by a judgement - as there was no defence to judge which won't be the case if this plan got anywhere.
      It all comes down to the way in which the umbrella communicates the deductions, if an umbrella ever claims to take this from the workers pay, then yes they are correct and the umbrella could find themselves in very difficult waters. If the umbrella is clear in communicating that the employment costs are met from the monies received / invoice value before the employees salary is arrived at, then not sure how they would argue it.

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        #23
        Originally posted by BenDover View Post
        but they do have a brolly they have partnered up with where NHS/Care workers pay £12.50 (don't quote me as I may have heard wrong) per timesheet and this company is a new company which cannot be claimed against and operates to all the guidelines 'Umbrella Reclaim' have in place.
        Come on then, be interested to see who they are and what's the link?

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          #24
          Originally posted by lucyclarityumbrella View Post
          Come on then, be interested to see who they are and what's the link?
          Lucy, I have no idea who the brolly is as I do not need one nor did they provide me with the name of them. I have registered my claim and now wait to see what will happen, no doubt it will take ages as did my PPI stuff but time is on my side...lol

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            #25
            Originally posted by lucyclarityumbrella View Post
            It all comes down to the way in which the umbrella communicates the deductions, if an umbrella ever claims to take this from the workers pay, then yes they are correct and the umbrella could find themselves in very difficult waters. If the umbrella is clear in communicating that the employment costs are met from the monies received / invoice value before the employees salary is arrived at, then not sure how they would argue it.
            I remember the first time I saw my wage slip and it showed the Employers NI being deducted and I questioned it but it was all too late and they said it has to be that way. It would be better to advertise roles with your take home after all deductions rather than gross.

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              #26
              Originally posted by BenDover View Post
              I remember the first time I saw my wage slip and it showed the Employers NI being deducted and I questioned it but it was all too late and they said it has to be that way. It would be better to advertise roles with your take home after all deductions rather than gross.
              It wouldn't think it would be possible for an agency to advertise a rate after all deductions, there's too many variables per individual to give a broad estimate. They should, however, make it abundantly clear that the rate being advertised is not their salary rate and is inclusive of employers deductions.

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                #27
                Originally posted by Hanbanthankyoumam View Post
                It wouldn't think it would be possible for an agency to advertise a rate after all deductions, there's too many variables per individual to give a broad estimate. They should, however, make it abundantly clear that the rate being advertised is not their salary rate and is inclusive of employers deductions.
                Ermm

                The clients costs are unaffected by the worker's circumstances and nothing to do with them anyway. The agency doesn't count it's margin in the advertised rate, so why include other overheads?

                It's mis-advertising, pure and simple. And therefore illegal...
                Blog? What blog...?

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                  #28
                  Originally posted by malvolio View Post
                  Ermm

                  The clients costs are unaffected by the worker's circumstances and nothing to do with them anyway. The agency doesn't count it's margin in the advertised rate, so why include other overheads?

                  It's mis-advertising, pure and simple. And therefore illegal...
                  While advertising "Smurf rates" is illegal it's up to the ASA to police the advertising industry (including recruitment ads) and deal with the complaints and they haven't shown any interest in years even when Unions have complained directly...
                  merely at clientco for the entertainment

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                    #29
                    Originally posted by eek View Post
                    Um given an umbrella survives on stupidly small margins what money will you be getting back when the umbrella closes down. I would love to know how you an umbrella firm could repay £1,107.06 (Employer NI for 20 days at £500 a day) from a £60-100 fee.

                    Meanwhile you will pay them £102 and never see that back - I wonder if the plan will be to charge more later...
                    Umbrella companies: Lawyers pursue unlawful deductions - Personnel Today

                    I am feeling a little more confident about my £100 now and I do not remember them saying that it gets refunded if there is no case.....happy days!

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                      #30
                      Originally posted by BenDover View Post
                      Umbrella companies: Lawyers pursue unlawful deductions - Personnel Today

                      I am feeling a little more confident about my £100 now and I do not remember them saying that it gets refunded if there is no case.....happy days!
                      Wearing my new business hat, nice article that one - provides a lot of FUD I can use to sell what I'm planning.
                      merely at clientco for the entertainment

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