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One rule for contractors another for permanent staff

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    #31
    Originally posted by escapeUK View Post
    HMRC recently said

    "The change to the long-standing off-payroll rules ensures the correct tax and National Insurance contributions is paid by shifting responsibility for employment status decisions from workers to the organisations they work for."

    Well if the organisations are deciding that the status is inside IR35, in other words, really an actual employee. Then logically actual employees get redundancy, holiday pay, sick pay etc etc As demanded by the law.

    I don't see how you can have it both ways. Being both an actual employee but having the entitlements (ie none) of a contractor.

    In fact the recent article in TheRegister about he demonstration said

    "Contractors found to be within the scope of the legislation – i.e. inside IR35 – will have to pay the same tax and National Insurance contributions as full-time employees, despite not receiving benefits such as holiday or sick pay, pension or parental leave."

    Totally and utterly unjust and surely illegal?
    and what are you doing about it?

    Comment


      #32
      Originally posted by BR14 View Post
      and what are you doing about it?
      As much as anyone else who it hasn't effected. How about you?

      Originally posted by northernladuk View Post
      I think above is a bit wow as well. Challenged and laughed out of court? Right..... :
      You do realise the letter handed in last week actually said, and I quote:

      "As a result, contractors and freelancers are being forced into "zero rights employment", where they will be taxed as permanent employees, but not receive any of the standard benefits."

      How is zero rights employment going to be accepted if challenged in court?
      Last edited by escapeUK; 16 February 2020, 17:12.

      Comment


        #33
        Are contractors actually going to change their expectations/behaviours based on inside or outside? I have to admit it had never crossed my mind. Even if I have to be inside I would treat it the same as my current thought process of get the job done and move on. Not my organisation, my team or my problem - do the work and get paid for it and look forward to the next challenge.

        Comment


          #34
          Originally posted by escapeUK View Post
          HMRC recently said

          "The change to the long-standing off-payroll rules ensures the correct tax and National Insurance contributions is paid by shifting responsibility for employment status decisions from workers to the organisations they work for."

          Well if the organisations are deciding that the status is inside IR35, in other words, really an actual employee. Then logically actual employees get redundancy, holiday pay, sick pay etc etc As demanded by the law.

          I don't see how you can have it both ways. Being both an actual employee but having the entitlements (ie none) of a contractor.

          In fact the recent article in TheRegister about he demonstration said

          "Contractors found to be within the scope of the legislation – i.e. inside IR35 – will have to pay the same tax and National Insurance contributions as full-time employees, despite not receiving benefits such as holiday or sick pay, pension or parental leave."

          Totally and utterly unjust and surely illegal?
          Common theme recently. Anything people don't like must be illegal.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #35
            Originally posted by escapeUK View Post
            As much as anyone else who it hasn't effected. How about you?
            I DGAF. don't spend time here whining about it though

            Comment


              #36
              Originally posted by northernladuk View Post
              Common theme recently. Anything people don't like must be illegal.
              I wouldn't know. But denying people rights granted in law usually is illegal.

              I'll quote it again, since you probably replied after I added it.

              As a result, contractors and freelancers are being forced into "zero rights employment", where they will be taxed as permanent employees, but not receive any of the standard benefits.

              That's from the letter handed in last week. So tell me, is zero rights employment legal or illegal?

              Comment


                #37
                Originally posted by escapeUK View Post
                I wouldn't know. But denying people rights granted in law usually is illegal.

                I'll quote it again, since you probably replied after I added it.

                As a result, contractors and freelancers are being forced into "zero rights employment", where they will be taxed as permanent employees, but not receive any of the standard benefits.

                That's from the letter handed in last week. So tell me, is zero rights employment legal or illegal?
                Tell me, are you forced to be a contractor and forced to accept roles, or is it your choice?
                …Maybe we ain’t that young anymore

                Comment


                  #38
                  Originally posted by WTFH View Post
                  Tell me, are you forced to be a contractor and forced to accept roles, or is it your choice?
                  Is that really your argument, that we can discriminate on employment rights, because people can choose to work elsewhere? Sorry but back in the real world, that's not how the legal framework of this country works or probably any country.
                  Last edited by escapeUK; 16 February 2020, 17:38.

                  Comment


                    #39
                    Bit late in the day to be raging against the machine and trying to fix the world isn't it? We've been having the types of posts from as far back as October.
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

                    Comment


                      #40
                      Originally posted by northernladuk View Post
                      Bit late in the day to be raging against the machine and trying to fix the world isn't it? We've been having the types of posts from as far back as October.
                      Is it ever too late to speak out against injustice?

                      I think its too late in your mind as I defeated your arguments with industry quotes confirming my point. haha

                      Comment

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