Temporary Driver Holiday/Pension Claims

Thank you for the add to your forum and I hope this thread is allowed.

Are there any temporary drivers out there that have in the past used their own limited company to get paid but have now been told to join an Umbrella company for future payments? Did you know there is a claims company that will assist you in claiming back Workplace Pension Contributions and Holiday Pay on the basis that the company has admitted to you being an Employee by making you use a PAYE model.

I will refrain from mentioning the company but feel free to inbox me where I will point you in the right direction. As a HGV Driver myself (Ex-Army Trogg) I am aware that some of these claims can be substantial sums of cash and best of all, you have the choice to join for Free.

I do not wish to spam the site hence why all company names and websites have been left out but I do want to get the message out there that thousands of of drivers out there have legitimate claims to recover what they are owed.

RCT35:
Thank you for the add to your forum and I hope this thread is allowed.

Hi RCT35,

It is allowed because it’s not commercial in nature.

A free claim leaves the applicant with nothing to lose, but best handled by PMs.

dieseldave:

RCT35:
Thank you for the add to your forum and I hope this thread is allowed.

Hi RCT35,

It is allowed because it’s not commercial in nature.

A free claim leaves the applicant with nothing to lose, but best handled by PMs.

Thank you Dave,

I am only trying to make the guys aware, they have money owed to them and they should claim against those that have wronged them.

Much appreciated and more than happy to point guys in the right direction.

Would this likely effect those who were never limited company but “encouraged to use an umbrella scheme” on a couple of occasions if been told (the agency) only pay through umbrella…

ytrehodluap:
Would this likely effect those who were never limited company but “encouraged to use an umbrella scheme” on a couple of occasions if been told (the agency) only pay through umbrella…

There are various ways where the worker has been ripped off, if you work through an Umbrella company it is normal for them to charge the Employer’s National Insurance, the Employee’s National Insurance, Pension and holiday and the fee to the worker.

HMRC have legislation and guidance notes on Companies/Agencies making people choose from a Preferred Supplier List as in, they are NOT allowed to do this. Making a worker pay a fee in order to be paid, again…WRONG! There are claims companies in place for workers to claim these monies back and I will be happy to point you in the right direction if you would like me to inbox you?

I have tried to provide information with the help of my friend so I hope this all makes sense and like he says, the way Temporary Workers are currently paid is changing and we may well be looking at the end of Umbrella companies as the Government is fed up of the horror stories about ordinary people getting ripped off.

I will add that not all Umbrella’s are bad, there are some decent ones out there. Agencies normally insist you use a preferred one because they receive a rebate eg. you pay £15 for you weekly timesheet and the Umbrella company gives the agency £5 of that (Again…WRONG!). It doesn’t sound a lot £5 per timesheet but when you have 1000 workers going through every week then that is £5000 a week for doing nothing but making workers use a particular payroll. There are many other scams being done with holiday pay as well but another time with all that.

Just to be clear on my initial post…Workers that were told to pay themselves through their own limited company but have now been instructed to use a PAYE model will have a claim for both Holiday Pay (going back up to 15 years) and Workplace Pension Contributions (going back to 2012)

By instructing you to be paid PAYE is an admission that you were always an employee but by allowing you to use a limited company it resulted in the Agency/Client from having to pay out for employment contributions along with employment rights. They have made these changes because HMRC are coming down hard on them and they fear the very large fines in place for anyone breaking the rules.

The big news is that the courts are finding in favour of the worker and that they are receiving substantial amounts of money back as a result. Uber taxi’s won their case and the drivers are now being compensated as are lots of other companies with workers in a similar position.

There is a website for you all to visit and read through and there is an option to register your claim for free…DO NOT LET THESE COMPANIES GET AWAY WITH RIPPING YOU OFF!

Please bear with me on any direct answers as I have to get these from a friend before answering.

RCT35:

ytrehodluap:
Would this likely effect those who were never limited company but “encouraged to use an umbrella scheme” on a couple of occasions if been told (the agency) only pay through umbrella…

There are various ways where the worker has been ripped off, if you work through an Umbrella company it is normal for them to charge the Employer’s National Insurance, the Employee’s National Insurance, Pension and holiday and the fee to the worker.

HMRC have legislation and guidance notes on Companies/Agencies making people choose from a Preferred Supplier List as in, they are NOT allowed to do this. Making a worker pay a fee in order to be paid, again…WRONG! There are claims companies in place for workers to claim these monies back and I will be happy to point you in the right direction if you would like me to inbox you?

I have tried to provide information with the help of my friend so I hope this all makes sense and like he says, the way Temporary Workers are currently paid is changing and we may well be looking at the end of Umbrella companies as the Government is fed up of the horror stories about ordinary people getting ripped off.

I will add that not all Umbrella’s are bad, there are some decent ones out there. Agencies normally insist you use a preferred one because they receive a rebate eg. you pay £15 for you weekly timesheet and the Umbrella company gives the agency £5 of that (Again…WRONG!). It doesn’t sound a lot £5 per timesheet but when you have 1000 workers going through every week then that is £5000 a week for doing nothing but making workers use a particular payroll. There are many other scams being done with holiday pay as well but another time with all that.

I’ve in the past refused to sign up with a particular agency when umbrella or limited company was stated as the only option, not a lot I can do in regards to that obviously… I do wonder how long will be until those ads start on channel 5 for these claims management companies to deal with these?
Obviously legislation to force them to automatically pay back fees would be a good starting point but perhaps I’m being (as usual) over pessimistic that many of these parasites will cease trading in the weeks and months ahead?
I also probably don’t have payslips either…

The point of this post was to say there are companies already processing claims of this sort, everyone is placed into a group and they then claim as one entity. The aim is to get as many workers claiming as possible as the power really is in numbers as Uber proved and those drivers are now beginning to see the benefit of holiday pay, pension etc.

If you would like to know the website to visit and register your free claim just PM me and I will provide it, I would stress that you will be required to provide copies of payslips, P60 or Self Assessments in order to be clear of how much you can claim for.

Not everybody was ‘ripped off’ by operating as a Limited Company.
Many drivers were fully aware of their situation & used it to great effect to increase the price they could obtain for doing work & offsetting expenses.
The clued up ones did work other than just driving trucks often leading them to subcontract work to others.

The truth is being self employed is way more financially beneficial than being PAYE if you put in the effort & hours.

However I completely accept those who were forced or coerced on to self employment or umbrella schemes should rightly be seeking recompense now.

ScaniaUltimate:
Not everybody was ‘ripped off’ by operating as a Limited Company.
Many drivers were fully aware of their situation & used it to great effect to increase the price they could obtain for doing work & offsetting expenses.
The clued up ones did work other than just driving trucks often leading them to subcontract work to others.

The truth is being self employed is way more financially beneficial than being PAYE if you put in the effort & hours.

However I completely accept those who were forced or coerced on to self employment or umbrella schemes should rightly be seeking recompense now.

You are correct that many workers/drivers operate through a limited company and as long as you meet the criteria for that then it is fine. Many, many workers/drivers operated as Self Employed but used someone else’s vehicle, were told where they were going, the vehicle would have been loaded by the warehouse workers, they will not likely hold their own insurance to protect the company from negligence by the worker/driver etc and the courts argue that these people should have been paid as PAYE. In most cases they were not paid that way because the Agency/End Client did not want the accountability of both Employment Rights nor Employment Taxes. HMRC are now performing checks on such companies and presenting them with extremely large fines hence why Drivers have seen this shift towards a PAYE model.

This now opens the door for these workers/drivers to claim back both Holiday Pay and Workplace Pension Contributions they were entitled to but never knew. Any worker/driver can register a claim free and the chances of them actually winning are very, very good.

This has happened in many sectors, Banking, NHS, Construction, Driving, Rail Network, Estate Agency and many more, UBER Taxi have already won their case and now the others will follow. Those that do not have a valid claim will be told so but we do not anticipate there will be many as long as they can present the correct details.

Workplace Pension claims will go back to 2012
Holiday Pay will go back up to 15 years

HMRC have no issue with people operating through their own Limited Company as long as they pass the criteria for being outside of IR35 including the Supervision, Direction and Control test.

RCT35:
There is a website for you all to visit and read through and there is an option to register your claim for free…DO NOT LET THESE COMPANIES GET AWAY WITH RIPPING YOU OFF!.

Mmm,free to join. That sounds rather like the no win- no fee for injuries etc. No fee as long as you do not change your mind, otherwise you end up paying loads for the advise given up to that point. But that’s an individuals decision.

Acorn:

RCT35:
There is a website for you all to visit and read through and there is an option to register your claim for free…DO NOT LET THESE COMPANIES GET AWAY WITH RIPPING YOU OFF!.

Mmm,free to join. That sounds rather like the no win- no fee for injuries etc. No fee as long as you do not change your mind, otherwise you end up paying loads for the advise given up to that point. But that’s an individuals decision.

Of course they will take a fee but only from monies actually won, there is nothing to pay unless you choose to do so. The options are below and if you could be bothered to actually read the website instead of just making assumptions then you would know that.

You can register FREE to make your claim - if successful the claims company will deduct 45% from monies won - Final

You can opt to pay £250 and reduce the claims company fee to 25% from successfully claimed monies - Final

You could pursue the claim yourself and pay the legal fees of an amount I do not know?

You could do nothing and simply allow the company to get away with not paying the correct company taxes, the correct Workplace Pension Contribution and Holiday Pay. The two latter have already been won in a court case and UBER Taxi are in the process of reimbursing workers with monies they were entitled to. It is the belief of the company which has not been mentioned, that we could also be successful in making a claim. There really is nothing to lose if you register for FREE

I certainly would not jump in my wagon and deliver goods for FREE so why should a claims company? Just read the website and all your questions will be answered, if you want the website address then PM me and I will be happy to provide it.

I’m sure I’m missing the point but if an agency paid you though a Ltd Co you would have been paid a higher rate than PAYE to compensate for the lack of holiday pay and pension contributions?

ATJT:
I’m sure I’m missing the point but if an agency paid you though a Ltd Co you would have been paid a higher rate than PAYE to compensate for the lack of holiday pay and pension contributions?

That might be true but they also failed in the responsibility to pay the correct company taxes eg. Employers National Insurance. The whole point of this is, the courts deem the position of the worker as being inside IR35 thus PAYE. Those operating through their own Ltd Co may think that there is no claim, WRONG! This has been proven by the decision given to Uber drivers, FACT!

The bad guy in this case is the Client as they knew exactly what they were doing by insisting you went Ltd Co, they knew it reduced the amount of tax they had to pay and that if HMRC had an issue with it then the worker would be left to face the music. The changes last April have now moved that accountability to the Client/Agency hence why workers are now being told they must go PAYE.

It will cost workers nothing to register a claim so, if you do happen to get some cash back then it has to be a bonus but it also means that the Client/Agency do not get away with their devious actions.

Here is an article that mentions companies are willing to go against HMRC rules and face the consequences of not paying drivers PAYE.

thegrocer.co.uk/supermarket … 00.article

What about paye agency drivers( it might just be me ) who’s holiday pay is paid out of there hourly rate , are we entitled to anything ?

dozy:
What about paye agency drivers( it might just be me ) who’s holiday pay is paid out of there hourly rate , are we entitled to anything ?

Your agency should provide you with a Key Information Document, if they have not done so then ask for it as it is illegal for them not to provide you with this. It will give you a breakdown of all deductions from your pay, if you were given a rate of £12ph then the only deductions from this should be those of an employee. If you are having things like employers national insurance and holiday pay deducted from this then you could be subject to unlawful deductions.

If this is the case then PM me and I will give you a company to contact for more advice.

Estate agents have made their move to claiming back Holiday Pay and Workplace Pension.

estateagenttoday.co.uk/brea … considered

Historically drivers and agencies both benefitted from the Ltd Co. arrangements - drivers took home more as they could claim travel, subsistence and various other expenses (= more take home pay) and the agencies avoided the expensive on-costs associated with PAYE employment.

The criteria for whether or not it was/is legit hasn’t changed, but who HMRC can pursue in the event that they deem it to be false self-employment has. In the past, if there was a ‘debt’ accrued to HMRC, the company would fold and HMRC would get nothing/very little. Now, the agency and the company they drive for can be pursued by HMRC so many companies are ‘playing it safe’ by insisting on PAYE either direct or via Umbrella.

Some people will have been duped/coerced into going down the Ltd Co route, others will have gone into it with open eyes. Doesn’t seem right for the latter to start claiming through the courts.

southwestsam:
Historically drivers and agencies both benefitted from the Ltd Co. arrangements - drivers took home more as they could claim travel, subsistence and various other expenses (= more take home pay) and the agencies avoided the expensive on-costs associated with PAYE employment.

The criteria for whether or not it was/is legit hasn’t changed, but who HMRC can pursue in the event that they deem it to be false self-employment has. In the past, if there was a ‘debt’ accrued to HMRC, the company would fold and HMRC would get nothing/very little. Now, the agency and the company they drive for can be pursued by HMRC so many companies are ‘playing it safe’ by insisting on PAYE either direct or via Umbrella.

Some people will have been duped/coerced into going down the Ltd Co route, others will have gone into it with open eyes. Doesn’t seem right for the latter to start claiming through the courts.

The claim is not surrounding IR35 as this comes under Tax Law, how drivers pay themselves through their limited company is down to them and any approach from HMRC to either the worker or company will be for them to respond and answer.

The claim for drivers is made under the Workers Rights legislation, it matters not whether you are a director, sole trader or self employed as in the eyes of the courts, you are classed as a worker. If you take on a role where you have little autonomy over how you operate and are under some kind of supervision, direction and control then, the company must offer the worker certain entitlements. For a worker that operates in a way that is comparable to that of an employee then they will have a claim for both holiday pay and workplace pension. In cases where drivers have been made to use an Umbrella company they may also have a claim for employer’s national insurance as well.

By insisting workers set up as a limited company or get paid through an Umbrella, the company negates having to pay 13.8% employers national insurance, 12.07% holiday pay, sick pay, maternity pay, workplace pension, paternity pay and apprenticeship pay.

I believe workers have every right to reclaim what they were denied in entitlements, take a look at the Uber Driver case and others that have been won in the courts. Contractors for Justice (C4J) are currently taking action against estate agents that operated in a similar way and they are also looking for contract drivers to join in action against agencies and companies. (See story below)

thenegotiator.co.uk/breaking-hy … l-process/