As you're seen as an employee, would you be able to claim back from the company/agency you contracted with missed bonusses, holiday entitlement and other employee benefits?
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If you're caught by IR35
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Originally posted by Eirikur View PostAs you're seen as an employee, would you be able to claim back from the company/agency you contracted with missed bonusses, holiday entitlement and other employee benefits?
The PDFs I loaded seem to have been removed now but they were on the IPSE thread.
It was stated something along the lines of: I was due PAYE & Class 1 NICS as I was deemed inside but I couldn't claim those type of benefits you mention from the client.
I'm sure this was the deal to get the client to fill in the forms the way HMRC wanted them to without it costing the client. If more clients were told they would need to pay those benefits backdated if we are found inside then the client would go out of their way to make sure there was no MoO or C&D.Last edited by Batcher; 5 March 2015, 14:00. -
A common mistake; two entirely separate sets of legislation are at play. IR35 uses employment law parameters to determine if it applies to your engagement, but that does not mean you are in fact an employee and losing an IR35 case has no impact on your status or eligibility for employment rights.Blog? What blog...?Comment
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Originally posted by malvolio View PostA common mistake; two entirely separate sets of legislation are at play. IR35 uses employment law parameters to determine if it applies to your engagement, but that does not mean you are in fact an employee and losing an IR35 case has no impact on your status or eligibility for employment rights.
But it does mean some protection could potentially apply. Trouble is each set of law uses its own definitions which are subtly different.
I'm thinking in terms of things like anti discrimination legislation, the disability act, health and safety legislation etc.
It is possible that certain people might fit their definition of worker and be afforded protection.Comment
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Originally posted by ASB View PostVery true.
But it does mean some protection could potentially apply. Trouble is each set of law uses its own definitions which are subtly different.
I'm thinking in terms of things like anti discrimination legislation, the disability act, health and safety legislation etc.
It is possible that certain people might fit their definition of worker and be afforded protection.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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IR35 is dead, when it was being enforced HMRC only recovered a pittance compared to what they expected. It's left in to scare uninformed contractors. The only people talking about it are newbies and those who make money from it (Insurance etc) or HMRC sockies (NLUK).Comment
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Originally posted by Unix View PostIR35 is dead, when it was being enforced HMRC only recovered a pittance compared to what they expected. It's left in to scare uninformed contractors. The only people talking about it are newbies and those who make money from it (Insurance etc) or HMRC sockies (NLUK).
http://forums.contractoruk.com/gener...ml#post2064120Last edited by Eirikur; 5 March 2015, 15:42.Comment
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Originally posted by Eirikur View PostI suppose Batcher who has to fork out 52k or so has a different opinion.
http://forums.contractoruk.com/gener...ml#post2064120Comment
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Originally posted by Unix View PostSo he paid 52k without a fight, no way.- The meaning of life is to give life meaning
- Worrying about tomorrow spoils today
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