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Job offer confirmation

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    Job offer confirmation

    Hi,

    I need some advise regarding a job offer confirmation via email and when the actual assignment is sent to accept on an agency online portal.

    I have recently started a new temp role. During the introduction I stated and filled in registration form of the agency the rate im looking for and whether I’m PAYE or ltd.

    I mentioned I’m PAYE.

    I passed the interview and received a confirmation job offer with the rate i asked for via email.

    It’s been a week since I started my role and the agency only sent an email on the weekend to log on to their portal to accept the new assigment.

    I noticed that the pay rate is firstly made up of hourly pay rate and holiday rate which comes to the total hourly paid rate.

    However the rate confirmed on the original email sent when the job offered was made doesn’t even come to the total hourly paid rate on the portal.

    My question is shouldn’t my hourly pay rate be the rate confirmed on the job offer email excluding my holiday hourly rate.

    On the first day I started date the agency kept on asking if im going through a ltd or umbrella and how this role was always a Ltd rate although I made it clear I’m on Paye as I will come under IR35.

    The rate on the portal looks like as if they have deducted the margin used to cover their employers NI so they don’t suffer.

    I have been working a week with a job offer via email confirmation.
    I don’t want to accept the assignment on the online portal as it is not what was agreed on the email and don’t to be out of pocket.

    What grounds do I have . I have already emailed the agency and waiting for their response but want some advice if any action needs to be taken.

    Any advice will be appreciated.

    #2
    The fact is the rate negotiated for these kinds of contracts is usually a gross rate, and then taxes are deducted after that. You are seeing the net rate with employer's NI deducted. You obviously need to clarify that they will be paying employers NI.

    You should always assume that the gross rate for any contract does not include any tax deductions. You obviously assumed they would pay employer's NI, unless you have an e-mail that explicitly states this, there's very little you can do. The other thing is if this is inside IR35 and it sounds like it is, then them paying you the gross rate wouldn't increase your net pay because you would then liable for the NI.

    What you can do is get back to them and say you assumed the rate was net of employers NI and ask for more, but legally they have no obligation.
    Last edited by BlasterBates; 5 August 2018, 11:04.
    I'm alright Jack

    Comment


      #3
      Thanks for the respond.

      Your exactly right.

      The email only stated confirmed rate £20 per hour. I expected that my rate will be the gross rate before any employee NI or Paye and pension are deducted.

      I also told the agency that I will not inform a Ltd or umbrella company cause I will be reliable for employer NI

      The agency then came back after realising that I will be on PAYE That this role rate was always a LTD rate.

      Which is why they have changed the paying rate on the portal
      So they don’t suffer the extra NI

      E.G on the confirmation email the rate is £20 per hour( which is the gross rate I accepted on PAYE)

      On the portal it shows £18 per hour) hourly rate (£16.04 + holiday rate £1.94)

      In terms of the holiday pay on their site it states that an additional 12.07% will be added to the accepted hourly rate.

      I was expected to see on the portal (hourly rate £20 and holiday pay £2.41(£20 *12.07%) total £22.41 per hour.

      They have clearly messed up or didn’t know what they are doing or are misleading candidates.

      Comment


        #4
        I also told the agency that I will not inform a Ltd or umbrella company cause I will be reliable for employer NI
        Your posts are very difficult to read which I assume because it's your second language, but still, very confusing. I guess by inform you mean you won't be using either and going sole trader. I'm very surprised they've accepted this. Do you mean liable rather than reliable? Agents tend to have a very low appetite for risk and letting you be responsible for your NI when they can get stung is normally way out of their risk profile.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment

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