i was actually the employer 
think they maybe confusion between holiday entitlement and holiday pay? not necessarily the same thing.
right, so your not actually self employed, youâve merely got more than one employer which i think youâll find is a totally different thing. so have you an employment contract stating holiday pay entitlement?
donât get me wrong i hope you get your money but without something in writing i think you might be struggling.
paul b:
right, so your not actually self employed
Yes he is. He works on a âcontract of employmentâ basis for some agencies and self employed on a âcontract for servicesâ basis direct to some hauliers.
At least thatâs how I understand it from this thread and others in the past.
Paul
paul b:
right, so your not actually self employed, youâve merely got more than one employer which i think youâll find is a totally different thing. so have you an employment contract stating holiday pay entitlement?
donât get me wrong i hope you get your money but without something in writing i think you might be struggling.
WRONG. I only have one employer. I am both employed and self employedâŚI have a UIN for Self Assessment and I have a PAYE code for the agency work. Iâm not a â â â â â â , I know the difference.
And I donât need a damned thing in writing because there are statutory minimum entitlements set out in Employment Law. I can prove what Iâve workedâŚI have my payslips and my P60 from them. I can also prove what theyâve paid/not paid me as I have them pay my wages into my business account.
Conor:
There are no grey areas but there are plety of examples of them not complying with their obligations as an employer. Two things instantly coming to mind are paying SSP and Working Tax Credits.
Agencies still believe that traditional employment law does not apply to them.
SSP has always been a complicated subject to agencies because of irregular work patterns and average earnings etc. There is a lot more information available to employers than there used to be. Every employer now receives information (usually on CD-ROM) which contain the up to date rules and regulations. There are also calculators for such things as SSP so there is no excuse for them getting it wrong. (But they obviously still do)
Anybody who thinks they are being paid or taxed incorrectly should get a copy of the employers CD from HM Revenue and Customs (itâs free by the way).
repton:
paul b:
right, so your not actually self employedYes he is. He works on a âcontract of employmentâ basis for some agencies and self employed on a âcontract for servicesâ basis direct to some hauliers.
At least thatâs how I understand it from this thread and others in the past.
Paul
âContract for Servicesâ with most agencies - certainly with ours and any others in the REC. Not that that changes the holiday pay entitlement.
I could write pages about how agency drivers arenât employees of the agency. But that doesnât change the entitlement to SSP nor to holiday pay.
Conor:
WRONG. I only have one employer. I am both employed and self employedâŚI have a UIN for Self Assessment and I have a PAYE code for the agency work. Iâm not a â â â â â â , I know the difference.
wasnât trying to sugest you are a â â â â â â at all, in light of the problems youâve got now wouldnât it be better to commit to being self employed right through the board? seems to do both is to not get the full benefits of self employment and still have the greif of someone else controlling your money on paye?
are you vat reg?
paul b:
wasnât trying to sugest you are a â â â â â â at all, in light of the problems youâve got now wouldnât it be better to commit to being self employed right through the board? seems to do both is to not get the full benefits of self employment and still have the greif of someone else controlling your money on paye?
The problem is that a lot of agencies wonât pay you on an SE basis unless you have a limited company as theyâre scared theyâll get into trouble with HMR&C.
Paul
killsville:
[ Every employer now receives information (usually on CD-ROM) which contain the up to date rules and regulations.
Iâve got one myself as I occassionally have people drive for me. I think Iâll forward it onto them.
repton:
The problem is that a lot of agencies wonât pay you on an SE basis unless you have a limited company as theyâre scared theyâll get into trouble with HMR&C.Paul
Spot on - it was the excuse I was given. When I first signed up with them it was to tide me over a quiet period from Feb to April. I wanted to go S/E but the only way they would do it was either NOVA or if I was a Ltd company. As there is no advantage to me being ltd, Iâm not. I offered proof of my S/A registration including my Class 2 NI bill and my UIN from Inland Revenue.
Conor:
repton:
The problem is that a lot of agencies wonât pay you on an SE basis unless you have a limited company as theyâre scared theyâll get into trouble with HMR&C.Paul
Spot on - it was the excuse I was given. When I first signed up with them it was to tide me over a quiet period from Feb to April. I wanted to go S/E but the only way they would do it was either NOVA or if I was a Ltd company. As there is no advantage to me being ltd, Iâm not. I offered proof of my S/A registration including my Class 2 NI bill and my UIN from Inland Revenue.
Paul has it right - PAYE protects agencies from unexpected NI bills when the revenue decide that someone isnât self employed.
Setting up your own limited company costs around ÂŁ100, at the level of turnover for a single driver thereâs no requirement for audit so the cost of preparing accounts wouldnât be much. Throw in a few odd Coâs House fees and the whole exercise would fund itself. This assumes that you are prepared to keep good records and keep the level of involvement required from the accountant to a minimum.
You wouldnât get holiday pay though⌠nor sick pay⌠but youâd be able to negotiate a suitably increased rate for your work.
meant to say that the advantages of your own Ltd Co are the same as many of those cited for Nova or Crestpay etc
Reduced PAYE tax costs through being able to offset a lot of costs against your income and through taking your income in the most tax-effective way.
Fred:
meant to say that the advantages of your own Ltd Co are the same as many of those cited for Nova or Crestpay etc
Reduced PAYE tax costs through being able to offset a lot of costs against your income and through taking your income in the most tax-effective way.
For me, the extra cost and paperwork over Sole Trader donât make it worthwhile TBH and I refuse to pay some umbrella company to do what I can do myself.