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Well, here I am...

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    Well, here I am...

    ...kick away



    Yes, that Chris Bryce. Posting in a personal capacity unless I specifically say so.
    Chief Executive, FCSA
    - Former CEO OF IPSE
    - LtdCo Contractor for 20 odd years before that
    - Former Chair of IPSE nee PCG

    #2
    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
    merely at clientco for the entertainment

    Comment


      #3
      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....
      merely at clientco for the entertainment

      Comment


        #4
        Originally posted by eek View Post
        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.
        Blog? What blog...?

        Comment


          #5
          Originally posted by malvolio View Post

          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....
          Last edited by eek; 14 March 2022, 17:07.
          merely at clientco for the entertainment

          Comment


            #6
            Originally posted by eek View Post
            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.
            Chief Executive, FCSA
            - Former CEO OF IPSE
            - LtdCo Contractor for 20 odd years before that
            - Former Chair of IPSE nee PCG

            Comment


              #7
              Originally posted by eek View Post


              A particular FCSA umbrella is mentioned as facilitating MUCs...
              PM with the details, and I'll investigate. If true, I'll take action.

              Originally posted by eek View Post
              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.

              Chief Executive, FCSA
              - Former CEO OF IPSE
              - LtdCo Contractor for 20 odd years before that
              - Former Chair of IPSE nee PCG

              Comment


                #8
                Originally posted by Chris Bryce View Post

                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....
                Last edited by eek; 14 March 2022, 17:52.
                merely at clientco for the entertainment

                Comment


                  #9
                  Originally posted by Chris Bryce View Post

                  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....
                  Last edited by eek; 14 March 2022, 17:53.
                  merely at clientco for the entertainment

                  Comment


                    #10


                    Originally posted by eek View Post
                    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

                    Originally posted by eek View Post
                    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.
                    Chief Executive, FCSA
                    - Former CEO OF IPSE
                    - LtdCo Contractor for 20 odd years before that
                    - Former Chair of IPSE nee PCG

                    Comment

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