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andy

Any one know anything about employment law? Contracting question ;-)

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I'm having some 'issues' at work, I am trying to convert from permanent employee to sub-contractor.

The company are supposedly behind it however they are saying that is in UK Employment Law that I would need to stay away from the company for 6 weeks whilst the process takes place.

I am suspicious that they are trying to pull a fast one? Being away for that time will seriously affect my situation on the project I work on.

Anyone have any ideas, does this sound right?

Any advice massively appreciated!

Edited by andy

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There is lots of advice on http://www.contractoruk.com

 

I dont know the specifics but there is some truth in what they say. Without a break the tax man may deem you to still be an employee of the company and therefore falling under IR35. I believe that means that the company and you are then liable for employers tax, NI, and income tax.

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Sounds about right. If you are going Ltd AND outside IR35, then you need to be careful, as you need to prove you wouldn`t other wise have been a proper employee. If you are going umbrella, then it doesn`t really matter. Basically they don`t want to get caught up in any tax nonsense that could go wider. That`s my gut feel anyway.

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Cheers guys, I see what you are saying. The company hasn't asked whether I'd go limited or via an umbrella company as it happens. I'll see what they say tomorrow, its still a developing situation.

 

Thanks Again :-)

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