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Self employed or "worker"

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Self employed or "worker"

Postby Law abiding adi » Tue Jun 20, 2017 6:31 pm

I am currently working as a limited company contractor for a end client through a agency
The end client now wants me to work shifts controlling the hours I work
Will this take me out of limited company contractor losing my self employment rights and make me a "worker" giving me workers rights ?
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Re: Self employed or "worker"

Postby atticus » Tue Jun 20, 2017 7:12 pm

It may. It's hard to say more on just a couple of sentences. Take professional advice.
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Re: Self employed or "worker"

Postby dls » Tue Jun 20, 2017 7:27 pm

There is also the question ofthe applicability of IR 35
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Re: Self employed or "worker"

Postby Law abiding adi » Tue Jun 20, 2017 8:02 pm

Thanks for replaying I know the question is short and sweet but just looking for general advice before I get legal advice
Having spoked to acas I was informed I would be classed as a worker but the agent says not
I am currently inside IR35
Just don't want the dreaded tax man coming for me in a few years time
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Re: Self employed or "worker"

Postby atticus » Tue Jun 20, 2017 8:43 pm

Why not? We all have to pay our fair share, according to our abilities. Such schemes may mean that less tax and NI is paid by you and the employer than if you were on PAYE, but the trade off is in your employment rights.

At the lower end of the scale, you get the low paid guys in the gig economy, presently the subject of several cases going through the courts.

That apart, you should take professional advice. ACAS advsers are well-meaning, but this is not their core area of expertise by any means.
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Re: Self employed or "worker"

Postby Hairyloon » Tue Jun 20, 2017 10:27 pm

atticus wrote:but the trade off is in your employment rights...

Such that they are...

A question that springs to mind is why does it matter? (which is not meant to suggest that it doesn't).
Which rights is it that you are concerned about?
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Re: Self employed or "worker"

Postby atticus » Wed Jun 21, 2017 3:22 pm

The Queen's Speech today has included encouraging noises about the Taylor review of employment practices which is currently under way.
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Re: Self employed or "worker"

Postby Law abiding adi » Wed Jun 21, 2017 6:05 pm

I'm not trying to avoid tax the reason I'm asking is so I ensure I'm paying the right taxes if I'm classed as a worker entitled to holiday pay I will have to come off lcc and onto paye but thanks for your reply
Ps not everyone is out to screw the tax man
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