I’m getting back into the industry after a whopping 1.5 months out. Yes, it was all I lasted before the bug bit me again.
I have been offered a vehicle by my old boss who would love to have me back, but he has now been taken over and Head Office say that until things are settled vis-a-vis Brexit (They are a foreign company) etc, all staffing must be provided by a specific agency. So I contacted them.
They loved what they were hearing, experienced driver, ex-operator, has done the work both for himself as a subbed and working for my old boss… It ticked all of their boxes. So the conversation continued until we hit this question:
Whats the name of your limited company?
Well I don’t have one. And I don’t think I could get away with setting one up while my last LtdCo in the same industry is still being liquidated.
Oh, he said, you will have to join our Umbrella Company then.
I then gave him a wee bit of education about IR35. For example the muppet didn’t know it was being extended to organisations in the private sector. My current hell, I mean Job, is in the Employment Law area so I’ve been specifically trained on IR35 and its implications and know quite a bit more than the layman about it. They wouldn’t budge.
I tried saying isn’t it stupid to take a long term employee on using terms which will be flat out illegal in the next six months? But they wouldn’t budge. I object fundamentally to umbrella companies and can’t/won’t go down the limited company route again, so I walked away and phoned my old boss to say that unless they can find a way round the recruiting ban, I couldn’t come to them.
As it stands at the moment, I’ve not got a job I want and my old boss hasn’t got a driver he wants. All because a third party is running grey at best. I’ve put the job through the HMRC Employment Status Calculator and it says 100% no doubts its inside IR35 which means that both end user and driver are both risking massive fines and bills for dodged tax. HMRC can go back 20 years if they want to.
I’d have avoided the brolly scheme at all costs too.
I have worked for two firms in the Lincolnshire area who took me on as temp but still went through the PAYE system. I was essentially working in similar fashion to an agency man but paid properly through the firm I drove for. Perhaps that’s possible in this scenario?
I’d have avoided the brolly scheme at all costs too.
I have worked for two firms in the Lincolnshire area who took me on as temp but still went through the PAYE system. I was essentially working in similar fashion to an agency man but paid properly through the firm I drove for. Perhaps that’s possible in this scenario?
Looks like a way out of it. Full time employees arent that hard to let go of. My bet would be that the new Head Office wouldnt be happy though. Sounds like a big corporate “the buck stops, anywhere but here” set up.
Nick hardly needs us to say hes done the right thing avoiding brolly set-ups and agencies who havent a clue.
Franglais:
My bet would be that the new Head Office wouldn`t be happy though. Sounds like a big corporate “the buck stops, anywhere but here” set up.
I agree…
If it’s a big national firm then the whole idea is a non starter. Anything that doesn’t fit into the flow chart on the PC screen, or rules and regs which were set up when kids were still up chimney’s won’t happen.
my experience is that when you start a new job and find immediately you REALLY hate it, then decide hey i can prove to myself i can hack the hatefuness , the challenge is set- so keep in there swimming in circles it seems but youll eventually find [might take a few years tho] you end up loving it [cos youv worked it around] and be very glad you hung in there and laugh over drinks about your old job.
I would do a proper report to the taxman outlining all the details you put to them in other words report them
I would have no hesitation if i was ever in that position and i think everyone and anyone who works like this should report it
In other words stand up for yourself and something might change ( Never Going To Happen)
bristolrob: @nsmith1180 - wasn’t you the one who started own account and it was called 956? I could be wrong, but if it was you then it is a shame.
Yes I am. And yes it is. But hey, if you can’t fail the game aint worth playing.
halewood:
You’re that great surely they’ll bend over backwards for you and your massive head?
halewood:
aint
I don’t quite know what you are getting at there. I haven’t said I was gods gift to haulage or anything, just that my old boss wants me back.
I don’t want special consideration here or anything like that. All I am asking for is to be employed properly, in a way which doesn’t breach current or imminent regulations. Unfortunately for this agency, I’ve spent my trucking interregnum, working for an employment law firm. I’ve received detailed and specific training relating to this very issue and I know beyond a shadow of a doubt, its shady as ■■■■. And that its going from simply shady to flat out Illegal in the next financial year.
yourhavingalarf:
Can’t your…
Old boss take you on full time?
Yes, but no, but yes, but no… Computer says no…
Unfortunately he sold out to a European haulier who has bought his company for the operating centre. He is now their transport manager in the UK. They’ve set up a UK subsidiary to simplify their Brexit preparations.
Unfortunately they have also put a recruiting freeze in place until they know what is happening, preferring instead to use agency staff to get over the uncertainty hump. Eventually he will be able to employ me directly but not for at least the next year which is why I went to speak to the agency in question and this shower of S all started coming out.
