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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44923
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a contractor currently being paid by the agency who

Customer Question

I am a contractor currently being paid by the agency who placed me in my current position. Up until 2 months ago I have been paid through an Umbrella company.
Due to mismanagement of my accounts and large amount of fees I have terminated this service.
I have set up a ltd company in order to be paid whilst avoiding umbrella companies, the company was registered last week.
What happens to the 2 months of unbilled timesheets in this interim? I'd like them to be processed through my ltd company, HMRC have confirmed they have no issue with this.
The agency is insisting that I process the timesheets through the Umbrella company, because the 'work done' was completed before the ltd company was set up.
Thanks,
David
Submitted: 16 days ago.
Category: Employment Law
Expert:  Ben Jones replied 16 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 16 days ago.

What is the total amount outstanding?

Customer: replied 16 days ago.
Approximately £7000
Expert:  Ben Jones replied 16 days ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 16 days ago.

In the circumstances the agency can insist that the payments are processed through the umbrella company. Their argument that the work done was during the period when you were through an umbrella company is legally sound. That is what the contractual arrangement would have been at the time so regardless of when you invoice them, what would be relevant is when the work that gave rise to these payments was carried out. So if they refuse to pay you, it would not be possible for you to make a claim against them under your Ltd company as there would have been no contractual relationship between the two. As such it would have to go through the umbrella company. I suggest you process the payments for one last time through them and then you at least know that everything going forward will go through the Ltd company.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 15 days ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 14 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 14 days ago.
Hi Ben,
Is the Agency legally obliged to pay this way? I understand your answer in that they are in the legal right to insist upon it. But is this insistence legally motivated?
I suppose what I'm saying is are their hands tied or are they just trying to follow the path of least resistance?
Thanks,
David
Expert:  Ben Jones replied 14 days ago.

The only legal issue would be from a tax perspective and I cannot advise on that, but if you have asked HMRC and they have said it is ok then it is unlikely that there is an issue there. Apart from that there is nothing specific in law which says they must pay you that way but if it was to go to court they can justify why they refused to pay the way you wanted. So in effect – they are not obliged to, but they have grounds to insist on it. Hope this clarifies?

Expert:  Ben Jones replied 13 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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