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

date posted 24th November 2005 17:16

You shouldn't give anyone your NI number - see What the Inland Revenue has
to say:

http://www.hmrc.gov.uk/nic/ynino.htm#2 If someone needs an ID code to put
into a billing system that is set up to deal with NI numbers, give them a
dummy number eg ZZ123456E and say it is your supplier ID.

They don't need a P45, they can just put you on a BR code.

I'd tend to tell them that you are registered self-employed (and produce
evidence of schedule D), invoice them again with a late payment letter (and
return the "salary cheque" they issued in error).

If they are assuming that you are an employee, they must issue you with a
contract of employment and give you paid holiday etc. They can't just take
you over without your consent.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Kathy
http://www.vendetta.co.uk
+44(0)7005 982 261
DNRC Minister for Useful but Irritating Information and Trivia
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

----- Original Message -----
From: "Paul Silver" [EMAIL REMOVED]
To: [EMAIL REMOVED]
Sent: Thursday, November 24, 2005 12:58 PM
Subject: Re: FN-FORUM: Client making me employee without notice


>
> 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
> >
> >
> --
> 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
>
>