Vivid Resourcing

[SueEllen]

Your given ref point provides limited info and I have not delved further.

I suggest you delve further then as there is plenty of information on the case if you look for it.

Also note many of the people complaining were working through umbrella companies.

Regardless you were annoying them personally as individuals who were the workers.

[quackhandle]

I think it's time for Vivid to go and sit in the nawtee corner and think about it's behavior for ten minutes.


qh

[LondonManc]

Your given ref point provides limited info and I have not delved further. However, I wonder if the principle of harassment can be applied in a B2B situation. As a contractor you are either a business or a private individual. Seems to me unlikely that (for example) British Gas Trading could use the act to defend themselves against a persistent trader.

Given that the person that SueEllen was helping out with that reference was via an umbrella, then they should be treated very much as a payrolled individual rather than a B2B situation. Didn't need to delve far to figure that out.

[Taita]

I suggest you delve further then as there is plenty of information on the case if you look for it.

Also note many of the people complaining were working through umbrella companies.

Regardless you were annoying them personally as individuals who were the workers.

You are not bending the law to suit your assertions are you, SueEllen? Canvassing a company is not an offence is it? Individuals answer a company number on behalf of the company not themselves. Any case law on that scenario?

[Taita]

Given that the person that SueEllen was helping out with that reference was via an umbrella, then they should be treated very much as a payrolled individual rather than a B2B situation. Didn't need to delve far to figure that out.

If you think of the spirit of the law that created the 'umbrella', I think that's what HMRC would describe as having your cake and eating it.

[LondonManc]

If you think of the spirit of the law that created the 'umbrella', I think that's what HMRC would describe as having your cake and eating it.

If you actually understood the issue it might help.

The contractor, as an individual, has engaged the umbrella to manage their tax affairs - PAYE, NI, etc. The contractor is acting as an individual, inside IR35 and is in no way engaging in a B2B. They had no limited company. They are a person. The case law that Sue Ellen cited was spot on.

If the contractor was through a limited company, they'd be looking to their accountant for assistance.

[SueEllen]

If you actually understood the issue it might help.

The contractor, as an individual, has engaged the umbrella to manage their tax affairs - PAYE, NI, etc. The contractor is acting as an individual, inside IR35 and is in no way engaging in a B2B. They had no limited company. They are a person. The case law that Sue Ellen cited was spot on.

If the contractor was through a limited company, they'd be looking to their accountant for assistance.

Thank you for spelling out to the thickies the difference between an individual and a company.

[LondonManc]

Thank you for spelling out to the thickies the difference between an individual and a company.

The problem is that everyone just gets labelled contractor and that's it. There's a market for both types of contractor - Hector gets his perceived "proper" cut from those inside IR35 and the proper SME contractors can operate outside IR35 on a B2B basis.

[Taita]

The problem is that everyone just gets labelled contractor and that's it. There's a market for both types of contractor - Hector gets his perceived "proper" cut from those inside IR35 and the proper SME contractors can operate outside IR35 on a B2B basis.

The confusion is sad especially for one or two of us who think (most) individuals contract to improve their take home pay. Yes, there are many who could not get passed HR and others who had to start their careers as 'temps' but the thread, nay, hawser that runs through this forum strongly implies that contractors are striving to be seen as businesses.

Apologies to all for not realising that the advice given was directed to an individual.

For every protest I see here about too many unwanted calls there is a protest about too few calls when one is seeking a gig.

[SueEllen]

@Taita it helps if you read each thread and not make assumptions about each individual's status e.g. country of passport, age, reason to use an umbrella.