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

date posted 24th November 2005 12:40

They did have my NI number having insisted they couldn't pay in the past
without it as the 'computer wouldn't let them' (*sigh*), however they
agreed that I wasn't an employee and didn't remove anything for tax and
NI for the previous invoice when this happened.

They definitely haven't had a P45, that's safely buried in my filing
with my tax stuff, or any other tax details. I battled with them over
the NI number but just couldn't get the money out of them without it.
And again, I haven't signed any contract of employment.


On 24 Nov 2005 12:47:34 -0000, "Alain Williams" said:
>
> 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
> >
> > --
> > Freelancers, contractors earn more with Prosperity4
> > Call 0870 870 4414 or visit www.prosperity4.com
> > and benefit from Inland Revenue approved expenses today.
> >
> > To advertise here: http://www.freelancers.net/advertising.html
> >
> >
> > --
> > Freelancers, contractors earn more with Prosperity4
> > Call 0870 870 4414 or visit www.prosperity4.com
> > and benefit from Inland Revenue approved expenses today.
> >
> > To advertise here: http://www.freelancers.net/advertising.html
> >
> >
> --
> Freelancers, contractors earn more with Prosperity4
> Call 0870 870 4414 or visit www.prosperity4.com
> and benefit from Inland Revenue approved expenses today.
>
> To advertise here: http://www.freelancers.net/advertising.html
>
>