Re: FN-FORUM: Client making me employee without notice

date posted 24th November 2005 12:29

On Thu, Nov 24, 2005 at 12:43:32PM -0000, Craig wrote:
>
> I'd re-invoice them for the extra tax and ni they've removed and add
> interest, see how they like that!

If they have removed tax/ni they have to give it to the tax man by 15th
of the month. They also need your NI number/tax details - previous P45
so that they can square things with the tax people. I assume that you have
given them none of this information.

> -----Original Message-----
> From: [EMAIL REMOVED] [EMAIL REMOVED] On Behalf Of Paul
> Silver
> Sent: 24 November 2005 12:04
> To: FN-FORUM / [EMAIL REMOVED]
> Subject: Re: FN-FORUM: Client making me employee without notice
>
>
> Thanks for the replies so far everyone. I'll do a slight bulk reply /
> more details:
>
> I am a sole trader. I realise this means that my tax / NI should sort
> itself out at the end of the day, but I've had the wrong tax code before
> when I've been an employee and it can cause you to lose out over a tax
> year.
>
> They're not anywhere near 80% of my work so there's no IR35-related
> issues, they're one of many 'mid-sized' projects I've worked for this
> year.
>
> There are other factors that come from this: They've broken my contract
> by doing this. If I'm an employee of their's I don't believe my
> Professional Indemnity Insurance covers my development work for them. I
> don't have a new employment contract with them, so they may decide not
> to pay future invoices, or may me at a lesser rate because that matches
> their pay scale for what they think I do.
>
> I can't just let a client break a contract with me because the HR
> department of one university a member of the organisation happens to
> work at has some ideas on how the tax system might work. If they want to
> change my status they need to tell me first and then renegotiate my
> contract. I have no direct contract with the university in question, my
> contact at the organisation worked at a different university entirely
> when the deal was made.
>
>
> Paul
>
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