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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Employment Law
Satisfied Customers: 7656
Experience:  English solicitor with over 12 years experience
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My business partner and I own a limited company providing

Customer Question

Hi Pearl, my business partner and I own a limited company providing management consultancy service to our clients. The client has subcontracted the work to another agency and our contract is now with the new agency.The new agency has introduced a blanket Umbrella company rule for all contract staff to operate under. As my limited company is outside IR35 can this agency force me to work under the umbrella company. Sorry a bit long question. Paz
JA: Have you discussed this with your HR staff? Or with a lawyer?
Customer: Not discussed with any lawyer. We are a two man partnership so we have no HR. Most of our service providers operate as associates of the company.
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does the person belong to a union?
Customer: They are the second partner which makes them the employee of the my company.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just want to check if an agency can legally force someone to work under an Umbrella company when HMRC determination proves them to be outside of IR35. thanks.
Submitted: 19 days ago.
Category: Employment Law
Expert:  UKSolicitorJA replied 19 days ago.

Hello,

The agency cannot force you to do so but that may mean you not being able to continue providing services to this particular client as the client has appointed this other agency as the sole contracting point.

You may ask the client to reconsider/waive this issue and see if they are able to contract directly with you.

May I help further?

Customer: replied 19 days ago.
Hello, thanks for the reply. The client has decided that all contracts go through this agency. One question, shouldn't the agency conduct a HMRC Employment Status determination before any contract is pushed into an umbrella company? Paz
Expert:  UKSolicitorJA replied 19 days ago.

I am afraid the agency cannot be forced to do that, unless the client agrees with the agency that they should do so, or unless the agency agrees to do so with you.

All the best

Customer: replied 19 days ago.
Thank you for your input. Are there any websites I can read about this matter. Paz
Expert:  UKSolicitorJA replied 19 days ago.

I am afraid I am not aware of any such websites. Perhaps you may search for the same on a search engine.