Just to give you some background.
I was contracting through my LTD company to a public sector client using an agency, the role was deemed outside IR35 until November last year when it was moved inside.
The agency said I could still use them for payroll and i signed a new contract with the rate in the contract set. I gave them all my personal details including my NI number for deductions etc...
I carried on working there until the summer but stupidly never checked my payslips they would provide every month. It was only when I left that I noticed they had been deducting Employers NI from my daily rate as well employees NI and Income Tax. The money was paid into my personal account as expected.
I now read that they should not be doing this and the Employers NI should have been charged to the client and paid by the agency on my behalf. When we talked about the new contract no mention of this deduction was made and the daily rate was clearly stated in my new contract with no mention of the deductions to be made for Employers NI.
Where do I stand on this? Can I demand the money be paid back to me by the agency? I tried to find a similar thread on this and found people talking about a chargeable amount but was not sure what this was.
Thank you.
I was contracting through my LTD company to a public sector client using an agency, the role was deemed outside IR35 until November last year when it was moved inside.
The agency said I could still use them for payroll and i signed a new contract with the rate in the contract set. I gave them all my personal details including my NI number for deductions etc...
I carried on working there until the summer but stupidly never checked my payslips they would provide every month. It was only when I left that I noticed they had been deducting Employers NI from my daily rate as well employees NI and Income Tax. The money was paid into my personal account as expected.
I now read that they should not be doing this and the Employers NI should have been charged to the client and paid by the agency on my behalf. When we talked about the new contract no mention of this deduction was made and the daily rate was clearly stated in my new contract with no mention of the deductions to be made for Employers NI.
Where do I stand on this? Can I demand the money be paid back to me by the agency? I tried to find a similar thread on this and found people talking about a chargeable amount but was not sure what this was.
Thank you.
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