Well, here I am...

[Chris Bryce]

...kick away



Yes, that Chris Bryce. Posting in a personal capacity unless I specifically say so.

[eek]

Let's begin then

When will the Code of Conduct be fixed to resolve the gaps between Articles 9 and Articles 10 which between them allow an Umbrella to keep all holiday pay not claimed within an Umbrella's Holiday year?

I refer you of course to the paper trail you can find at FCSA Umbrella - JSA - Proven to be Pocketing Holiday Pay - Contractor Voice

[eek]

And for those that don't know Chris is the new CEO of the FCSA - founded by Giant and various other "Umbrellas" when Crawford Temple threw Giant out of Professional Passport after he discovered the tricks that Giant were playing...

He was formerly the head of IPSE....

[malvolio]

And for those that don't know Chris is the new CEO of the FCSA - founded by Giant and various other "Umbrellas" when Crawford Temple threw Giant out of Professional Passport after he discovered the tricks that Giant were playing...

He was formerly the head of IPSE....

Just for the sake of balance, Crawford is no shining light of probity and efficiency either...

But either someone shakes up the umbrella market and makes it work honestly under effective rules, or works out a way for it to be exchanged for something more effective. I'm pretty neutral about either option myself, but then I don't need either one.

Either way the first challenge will be weaning agencies away from seeing FCSA as a kite mark, or making it one.

[eek]

Just for the sake of balance, Crawford is no shining light of probity and efficiency either...

But either someone shakes up the umbrella market and makes it work honestly under effective rules, or works out a way for it to be exchanged for something more effective. I'm pretty neutral about either option myself, but then I don't need either one.

Either way the first challenge will be weaning agencies away from seeing FCSA as a kite mark, or making it one.

Did I say Crawford was perfect all I said is that the FCSA was founded when Crawford threw a large umbrella out and their needed another Accreditation business to stay in business.

so the FCSA sits on very dodgy foundations albeit ones that have spread wide over the past decade to the extent that HMRC are currently having to run a campaign to highlight that accreditation isn't enough see Increased HMRC activity to prevent tax evasion in labour supply chains – confirmation of two developments - Osborne Clarke | Osborne Clarke

Which is hardly surprising given how often in my conversations a particular FCSA umbrella is mentioned as facilitating MUCs...

Not that any FCSA audit would find that out given that an audit of real payslips may not be required....

[Chris Bryce]

Let's begin then

When will the Code of Conduct be fixed to resolve the gaps between Articles 9 and Articles 10 which between them allow an Umbrella to keep all holiday pay not claimed within an Umbrella's Holiday year?

I refer you of course to the paper trail you can find at FCSA Umbrella - JSA - Proven to be Pocketing Holiday Pay - Contractor Voice

That particular gap was closed by my predecessor in October 2021.

[Chris Bryce]

A particular FCSA umbrella is mentioned as facilitating MUCs...

PM with the details, and I'll investigate. If true, I'll take action.

Not that any FCSA audit would find that out given that an audit of real payslips may not be required....

Oh yes they are /panto

The independent assessments require audits of real paperwork and the independent assessors are currently EY, BDO, Saffery Champness, Brabners and JMW Solicitors - not exactly Mr Smith from that wee office over the road.

[eek]

That particular gap was closed by my predecessor in October 2021.

Where is that stated within your code of conduct assuming it's at FCSA-Code-Umbrella-employment-V06UC2021.pdf (as it was when I hunted for it on Friday prior to the new FCSA website hiding it)

Quoting because I want this to be 100% clear

A9. Confirm that your contract clearly states that any accrued entitlement for holiday must be taken within the holiday year, as stated within the employment contract, or at termination of the contract, whichever occurs first.

eek - So holiday pay has to be taken within the holiday year

A10. a. Confirm that throughout the holiday year and when an employee is approaching the holiday year end (at least four weeks prior), you remind your employees to take holidays
b. As a responsible employer, you should ensure all employees take and are paid for holidays during the holiday year, or payment in lieu of holiday entitlement on termination of the employment. Any exceptions to this policy should be logged internally, raised and discussed with the FCSA assessors

eek - holiday pay is paid on termination of contract or when holiday is taken

Between those clauses I see nothing that stops JSA pocketing on November 1st all Holiday pay not taken between 1/11/2020 and 31/10/2021

Is it worth mentioning how difficult many umbrellas make recovering holiday pay after leaving is and the fact it isn't automatically paid....

[eek]

PM with the details, and I'll investigate. If true, I'll take action.



Oh yes they are /panto

The independent assessments require audits of real paperwork and the independent assessors are currently EY, BDO, Saffery Champness, Brabners and JMW Solicitors - not exactly Mr Smith from that wee office over the road.

Clearly you aren't aware of what I am doing nor who I'm getting my information from are you - which shows how careful I've been keeping in stealth mode...

Hint I've spent a year working on something that offers real time compliance check for umbrellas which means I'm currently speaking to a lot of umbrella owners / both inside and outside the FCSA and a lot of them have confirmed the above....

[Chris Bryce]

Why is that stated within your code of conduct assuming it's at FCSA-Code-Umbrella-employment-V06UC2021.pdf (as it was when I hunted for it on Friday prior to the new FCSA website hiding it)

You mean in the new website where it's hidden in plain sight on a menu and then you click on it, can read it in the viewer or can download it? No pleasing some people

Quoting because I want this to be 100% clear

A9. Confirm that your contract clearly states that any accrued entitlement for holiday must be taken within the holiday year, as stated within the employment contract, or at termination of the contract, whichever occurs first.

eek - So holiday pay has to be taken within the holiday year

A10. a. Confirm that throughout the holiday year and when an employee is approaching the holiday year end (at least four weeks prior), you remind your employees to take holidays
b. As a responsible employer, you should ensure all employees take and are paid for holidays during the holiday year, or payment in lieu of holiday entitlement on termination of the employment. Any exceptions to this policy should be logged internally, raised and discussed with the FCSA assessors

eek - holiday pay is paid on termination of contract or when holiday is taken

Between those clauses I see nothing that stops JSA pocketing on November 1st all Holiday pay not taken between 1/11/2020 and 31/10/2021

As i said above, my predecessor reviewed and revised the Codes in October last year. If the wording is still woolly, then I'll make it more clear.