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

date posted 24th November 2005 12:32

I'd invoice them as per normal. You have a contract that you're
fulfilling. AND they've very kindly decided to add you to the payrole to
carry out the same task. You've not asked them to do it.

Double bubble. Lurverly ;)=20

-----Original Message-----
From: [EMAIL REMOVED] [EMAIL REMOVED] On Behalf Of Craig
Sent: Thursday, November 24, 2005 12:43 PM
To: Andy Macnaughton-Jones
Subject: RE: FN-FORUM: Client making me employee without notice


I'd re-invoice them for the extra tax and ni they've removed and add
interest, see how they like that!

Craig=20

-----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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