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  1. If they bail out limited company directors, Rishi...

    If they bail out limited company directors, Rishi will then say that there is justification for treating us like employees and that HMRC is justified in the IR35 war against us. If he does not, there...
  2. Replies
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    7,638

    If you look at what Dave Chaplin actually posted,...

    If you look at what Dave Chaplin actually posted, yes he is against IR35 in the private sector but the real purpose of his article is to highlight the sham of the consultation process. When they did...
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    5,633

    No, it was specifically as part of the...

    No, it was specifically as part of the restriction, ie if I went to the client directly or through another agency, they would lose the commission they make on me for three months and so would charge...
  4. Replies
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    5,633

    Yes, seen one last year in a proposed contract...

    Yes, seen one last year in a proposed contract from an agency. It was worse than that, it had a liquidated damages clause that said that if I broke the terms they would charge me something like 15%...
  5. Replies
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    Legally you can probably do it and I doubt the...

    Legally you can probably do it and I doubt the client would care that much. However, it probably increases your IR35 risk if you do so (assuming you are out of scope).

    When you work through an...
  6. Actually Regulation 12(b) of the Conduct Regs...

    Actually Regulation 12(b) of the Conduct Regs says the agency can't withhold payment even if there is no signed timesheet providing they can satisfy themselves by other means that the work-seeker...
  7. If this is through an agency then one key...

    If this is through an agency then one key question is whether or not the candidate has opted out of the conduct regulations. Under Regulation 12 there are restrictions on cases where the agency can...
  8. Replies
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    2,130

    Dreadful situation but you were "employed" by the...

    Dreadful situation but you were "employed" by the umbrella company who supplied your services under their contract with the client, and you supplied your time under that contract for the period up to...
  9. Replies
    17
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    1,012

    Unfortunately in the self billing agreement the...

    Unfortunately in the self billing agreement the OP will have specifically agreed not to raise invoices for the services covered by the agreement - it is part of the standard legal wording that HMRC...
  10. Replies
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    1,086

    The contract is company to company and so what...

    The contract is company to company and so what you do personally is up to you. Agencies often include a provision to say that your company procures that you as an individual will not go directly or...
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    902

    If you have a court order and it has been...

    If you have a court order and it has been breached, then you should contact the court which issued it. This is not a legal action between you and HMRC, it is up to the court to hold HMRC to account. ...
  12. Replies
    16
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    3,825

    Regardless of public or private sector, IMHO if...

    Regardless of public or private sector, IMHO if you are considering switching mid-contract, probably best to discuss with the agency at the start and check whether they are happy to do it. Friend of...
  13. Replies
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    3,825

    Not sure I agree with this. If the OP is...

    Not sure I agree with this.

    If the OP is outside IR35, the contracting model for limited and umbrella is very different. In the umbrella model you are usually supplied as a specific individual and...
  14. I presume that the trail of what happened was the...

    I presume that the trail of what happened was the client said to the OP that they were terminating the contract, he or they told the agency and potentially the agency then terminated his contract. I...
  15. If you are forced to use one of their panel of...

    If you are forced to use one of their panel of umbrella companies, most of these look fine. They will all pay you in the same way, only difference will be what they charge you and whether you like...
  16. Replies
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    3,013

    The title thread was handling natural end to...

    The title thread was handling natural end to contract, presumably to make you feel better about shafting one of the two potential clients. You have verbally accepted an extension, and your client...
  17. Replies
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    7,706

    The due diligence process for an agency working...

    The due diligence process for an agency working with a new umbrella should be similar to that done by a contractor working through them. I think we all know that anything above 60% take home,...
  18. Replies
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    7,706

    Get your drift. I meant that any agency should be...

    Get your drift. I meant that any agency should be able to work with any decent umbrella company if you insist - there is nothing magical about their preferred ones. The reason they don't is either...
  19. Replies
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    893

    Also the clause would just be thrown out of court...

    Also the clause would just be thrown out of court as an unfair restriction on trade. Even a blanket six month restriction could be thrown out if the original contract was, say, only for a month.
  20. Replies
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    4,489

    Libel law in the UK

    The reason the OP says they don't want to name either of the companies is in case they are sued for defamation. This surely is not the case for the old company.

    A quick primer on libel laws in...
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    893

    Parts a and b are pretty straighforward, and say...

    Parts a and b are pretty straighforward, and say that neither your company nor you personally can work for the client where you were placed or any other client based at that location. It is quite...
  22. Usually they have already sold you into the...

    Usually they have already sold you into the client and banked their commission by the time it comes to the opt in/opt out discussion, and they are reluctant to sacrifice the contract for this. Also...
  23. TL;DR - you probably can't opt out at a straight...

    TL;DR - you probably can't opt out at a straight extension (assuming you were validly opted in) unless you can change your role and get a new contract for the new work (and even they you might not be...
  24. Thread: Losses

    by mike67
    Replies
    15
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    1,801

    On the positive side, however, this could help...

    On the positive side, however, this could help you for IR35 purposes in the future as being screwed over by a client helps demonstrate that you are a legitimate business rather than a disguised...
  25. Thread: Losses

    by mike67
    Replies
    15
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    1,801

    IANAA but doubt it will be counted as a bad debt...

    IANAA but doubt it will be counted as a bad debt for accounting purposes if you reissue the invoice or issue a credit note. The amount you are paid will be the amount you invoice (on the reissued...
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    :confused: OP has been contracting for 10 years...

    :confused:
    OP has been contracting for 10 years and this is the first time he has considered this? And has never been challenged by his accountant if he has been double bubbling the expenses? And...
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    No worries Lucy. Unfortunately the agency is tied...

    No worries Lucy. Unfortunately the agency is tied into a fixed arrangement on the mark up it can charge so they can't increase it to cover extra costs like this.
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    Thanks Lucy for your comprehensive and detailed...

    Thanks Lucy for your comprehensive and detailed explanation.

    Wasn't having a go at umbrella companies - I am looking at a new role inside IR35 and the agency said they don't work with PSCs for...
  29. Replies
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    1,630

    A follow up query on the Apprenticeship Levy and...

    A follow up query on the Apprenticeship Levy and umbrella companies. Before doing so, I agree it is ridiculous that umbrella companies should have to pay the apprenticeship levy.

    However, I am...
  30. Replies
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    I asked my accountant the same question and he...

    I asked my accountant the same question and he said it would be fine as the expense was clearly identifiable. I think you can also register an a card with TfL and get a journey history which would...
  31. Replies
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    The maximum fine in the original legislation was...

    The maximum fine in the original legislation was £400. But it was amended in 1982 to "not exceeding level 5 on the standard scale" which is £5,000. And that would be £5,000 per offence, so if they...
  32. Replies
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    You have always been able to treat contracts as...

    You have always been able to treat contracts as inside IR35 through your limited company and treat all fees received as salary paying full tax and NI. Unfortunately in the public sector the (ill...
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    You might also like to report them at...

    You might also like to report them at https://www.tax.service.gov.uk/forms/form/pay-and-work-rights-complaint/new#1. This goes to the Employment Agency Standards Inspectorate who are supposed to...
  34. Replies
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    Interested in your view Cojak (as clearly the...

    Interested in your view Cojak (as clearly the forum expert here!) on the effect of opting out of the Conduct Regulations on this scenario.

    My view is that the prohibition on charging fees is...
  35. Replies
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    The legislation concerning fees is actually the...

    The legislation concerning fees is actually the Employment Agencies Act 1973 (the Conduct of Employment Agencies and Employment Regulations 2003 is secondary legislation under this Act). Clause 6(1)...
  36. Replies
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    QDOS are clearly a well respected name in the...

    QDOS are clearly a well respected name in the IR35 space, and when I have dealt with them in the past on IR35 matters they were very clued up. Have not used them for accountancy services, but have to...
  37. Replies
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    Companies often have negative net worth in the...

    Companies often have negative net worth in the first year or so, but that does not mean they are going bust. Balance sheet tests often do not paint a true picture of the state of the business, for...
  38. Thread: Notice Period

    by mike67
    Replies
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    3,576

    Agreed if this is a disability case, but we don't...

    Agreed if this is a disability case, but we don't know what the hospital appointment is for. If it is for (extreme case) some cosmetic surgery, I doubt it would damage the company reputation to say...
  39. Replies
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    I suspect from original message that there is no...

    I suspect from original message that there is no signed contract here - there was a discussion about the work, the scope was discussed but the formal paperwork was going to be signed when he got back...
  40. Agreed, you do not want to sign this as it is...

    Agreed, you do not want to sign this as it is basically saying that you will treat 100% of the fees you charge as PAYE, making it pointless to have a company. Sounds like a lazy agency which has a...
  41. Replies
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    Firstly, I get cover (actually with Hiscox) as...

    Firstly, I get cover (actually with Hiscox) as part of my accountancy package, and the insurance bit costs £30 a month which gives me a ridiculous £5m of public liability and £5m of PI (plus £10m...
  42. Thread: Notice Period

    by mike67
    Replies
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    3,576

    I think this is in the grey area. Usually...

    I think this is in the grey area.

    Usually notice periods are there for a reason, and in this case the client is looking for a two week handover period. A handover is not a one-way street, ie you...
  43. Thread: A blind eye?

    by mike67
    Replies
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    3,520

    When HMRC brought in the new public sector IR35...

    When HMRC brought in the new public sector IR35 rules, they said that they would apply to all organisations covered by the Freedom of Information Act. Guess what - intelligence agencies are not...
  44. Replies
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    6,032

    In theory if you mess up you could be sued. In...

    In theory if you mess up you could be sued. In practice the chance of it happening is pretty small, especially as it sounds as if the problems are far wider than you. For them to win a case against...
  45. Replies
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    Hi Blossom and so sorry to hear your situation. ...

    Hi Blossom and so sorry to hear your situation.

    It can be a nightmare balancing your professional commitment to a role against your personal health, and I really feel for you. You said you are...
  46. Replies
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    Spot on with the model articles of assocation,...

    Spot on with the model articles of assocation, which say at 17(2):

    "In any case where, as a result of death, the company has no shareholders and no directors, the personal representatives of the...
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    Here are a few ideas for your consideration. ...

    Here are a few ideas for your consideration.

    It is a while since I did any legal exams but one thing that comes to mind is something called "estoppel". In simple terms, this says that if someone...
  48. Thread: Hays and IR35

    by mike67
    Replies
    5
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    2,337

    I haven't worked with Hays but confirm that you...

    I haven't worked with Hays but confirm that you are broadly correct. IR35 applies across the public sector and the private sector, but the new rules putting liability on customers or agencies only...
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    Assuming you are working outside IR35, this is...

    Assuming you are working outside IR35, this is from the "part and parcel of the organisation" bit of IR35. The argument is that if the client pays for your training, they are treating you like an...
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    Restrictive covenants such as this are usually...

    Restrictive covenants such as this are usually only enforceable to the extent that they are reasonable to protect the legitimate business interests of the agency. If they cannot supply you, it is...
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