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Any agency workers who invoice as self employed??

Discussion in 'Supply teaching' started by cliveceltic, Mar 14, 2012.

  1. So after being forced to invoice as self employed rather than be paid through PAYE I took on a long term job and asked how the AWR would affect me. Agency put off giving me an answer then new consultant told me they still apply to me. This was in October. I have now done 12 weeks and they are trying to tell me that as I am self employed the AWRs don't apply and my full 2 and a half terms at a school has to be at their original flat fee. Well if I am self employed shouldn't I set me fee?? I can't believe they have lied to me and it explains why after being off sick for half a term that the school didn't ditch me for someone else. They have obviously been told I'm their cheapest option. They are now looking into it for me at the agency but never called me back today when they said they would. My argument was that they are my employers, I just sort out my tax and NI. They get me work and liaise with the school etc. I have to get the school to sign their time sheet etc. So, do I have a leg to stand on??
     
  2. So after being forced to invoice as self employed rather than be paid through PAYE I took on a long term job and asked how the AWR would affect me. Agency put off giving me an answer then new consultant told me they still apply to me. This was in October. I have now done 12 weeks and they are trying to tell me that as I am self employed the AWRs don't apply and my full 2 and a half terms at a school has to be at their original flat fee. Well if I am self employed shouldn't I set me fee?? I can't believe they have lied to me and it explains why after being off sick for half a term that the school didn't ditch me for someone else. They have obviously been told I'm their cheapest option. They are now looking into it for me at the agency but never called me back today when they said they would. My argument was that they are my employers, I just sort out my tax and NI. They get me work and liaise with the school etc. I have to get the school to sign their time sheet etc. So, do I have a leg to stand on??
     
  3. ...contact your union, if you are in one. This sounds a bit complicated and a good union rep should be able to answer your query. Sounds like the agency might have pulled a fast, although I am a little unsure how (and why) you were 'forced' to invoice as self employed?
     
  4. I have emailed my union. Hoping someone can help. They forced me into invoicing as self employed as they said they were stopping PAYE and I would have to go via an umbrella. Umbrella said I would lose money with them as I wasn't getting enough work. It was take the job and invoice or no job really. I asked them if it was to avoid AWRs originally and they denied it.
     
  5. Just to be clear/ hopefully help you out, working via an Umbrella is significantly different than being self employed -HMRC say teachers can't teach being self employed, as the professiona was expressly discounted by the IR35 ruling.
    Regarding your current predicament, whether you are PAYE, Umbrella employed or (ill advisedly) working via your own Ltd company, you are *not* outside AWR.
    AWR applies to all temporary workers.
    Your route to sorting this out is lodging a claim with the Employment Tribunals. Any CAB will explain how to go about this.
     
  6. I'm not a Ltd company, just a sole trader. I have since been advised from a friend who works for an umbrella that agencies can not pay sole traders only ltd company people. It's all getting rather complicated. Agency are now seeking legal advice apparently. Could be stale mate for a while.
     

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