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  • FIRST POST
    • 21LoveLondon
    • By 21LoveLondon 27th Nov 17, 2:17 PM
    • 8Posts
    • 2Thanks
    21LoveLondon
    Agency charging me fees i was not told about!
    • #1
    • 27th Nov 17, 2:17 PM
    Agency charging me fees i was not told about! 27th Nov 17 at 2:17 PM
    Please help, I need your advice!

    I had two job interviews with different agencies offering similar pay. I went for the job that was closer to home.

    I am PAYE and on an hourly rate, weekly paid.

    I received my payslip and found that the agency have taken company deductions from my wage, such as HMRC Payment NIERS, Apprenticeship Levy, Management Company Margin and the standard NI and tax.
    I wasn't informed of the additional charges when I accepted the role so it works out that I'm on a lot less money.

    I spoke to my agent and they said that there's nothing they can do about it, I have to accept these charges.

    They use a payroll company to sort out the wages.

    They have offered to get the payroll company to register me as self employed as I will then have more take-home pay. I don't think this is right! I am sure that I should only be paying the tax and the National Insurance and nothing else. Surely they should be honouring the hourly rate offered to me?

    I have lost out to the other job that was a very definite rate without any hidden fees. I feel like I have been cheated. I'm so upset. I no longer trust or want to be represented by this agency.

    I am really enjoying the place of work and want to stay with them.

    Can anyone offer me legit advice on my rights, what can be done?

    Many thanks Jane
Page 2
    • motorguy
    • By motorguy 30th Nov 17, 8:49 AM
    • 15,806 Posts
    • 9,092 Thanks
    motorguy
    err no employee should be paying for the apprenticeship levy at all. it's a levy for the company, which they can reinvest into their company through training or relinquish to the central apprenticeship fund.

    if you're being charged for this levy you're either the owner of a £3million company or you're being !!!!!!
    Originally posted by leslieknope
    Err, you've no idea what you're talking about.

    If you're a contractor and getting a day rate then thats how it works through the agency / umbrella company.

    The client is paying a day rate for your services, any taxes due come out of that day rate, including Employers NI, Apprenticeship levy, etc. The agency / umbrella company are obliged to deduct those.

    The employee isnt "paying" it, its coming out of the day rate.

    The "problem" here is the O/P has seen the day rate and "assumed" that was their pay. As a contractor it isnt (for that type of contract arrangement).

    You havent grasped that this is not an employer / employee relationship but a client / contractor relationship as per what the O/P has already told us - "I completed and the payroll contractor form with my bank details. The terms and conditions were relating to contractors / sub contractors. But because I'm classed as PAYE I assumed I was employed by the agency. "
    Last edited by motorguy; 30-11-2017 at 8:53 AM.
    You are not special. You are not a beautiful and unique snowflake.
    • Samsung_Note2
    • By Samsung_Note2 30th Nov 17, 8:52 AM
    • 201 Posts
    • 75 Thanks
    Samsung_Note2
    Agreed. However that doesnt mean the O/P wasnt told - its just that they didnt understand what they were told. There is a difference.

    Also, theres a difference between being an agency worker and a contractor. An agency worker will work through an agency and go wherever they are needed to work OR sometimes just to a specific role at a specific location. A contractor gets paid a day rate and pays any due taxes from this.

    From the O/Ps perspective, they thought they were signing up as an agency worker, however they were signing up as a contractor. They have already told us this - "I completed and the payroll contractor form with my bank details. The terms and conditions were relating to contractors / sub contractors. But because I'm classed as PAYE I assumed I was employed by the agency. "

    So its not that they werent told - they just didnt understand what they were signing up to.
    Originally posted by motorguy

    Yes fully understand what your saying...key here is the "I assumed" something that many of us do far to often,but Agencies can be very crafty or other end of it they simply trot out any old tosh they have been told too.

    I asked a Question (tagged onto another thread) about second job tax and NI and was given good solid advice,went back to the Agency and was told by a walking mannequin "Oh i dont know speak to HMRC and let them deal with it"...it was only regards a P46 basic query as well..
    If my appalling spelling offends you that much...dont read my posts.
    • 21LoveLondon
    • By 21LoveLondon 30th Nov 17, 9:19 AM
    • 8 Posts
    • 2 Thanks
    21LoveLondon
    Thankyou all,

    I wasn't told anything. Just what my hourly rate would be, that I was PAYE. I was told that the contractor form was standard just sign as I was definitely going to be PAYE. I told the agent I've never been self employed before. It was something he suggested and I said I wasn't interested.

    I've never worked under such a system before. I've always been directly employed. On the odd occasion through an agency where I was paid the rate they said minus the usual NI and tax.

    So yes I was confused by this. You've explained perfectly well my situation and I'm armed with more knowledge.

    I still feel angry as I turned down another job to accept this role. I'm financially worse off and I would not have accepted this job had my agent explained the rate

    I'm taking this further, until Citizens Advice or a solicitor says I have to accept what has happened is standard, acceptable and legal practice.

    I'm sure the agent will wish he had just left my CV alone.
    • NBLondon
    • By NBLondon 30th Nov 17, 10:19 AM
    • 1,468 Posts
    • 7,433 Thanks
    NBLondon
    Agreed. However that doesnt mean the O/P wasnt told - its just that they didnt understand what they were told. There is a difference.
    Originally posted by motorguy
    I wasn't told anything. Just what my hourly rate would be, that I was PAYE. I was told that the contractor form was standard just sign as I was definitely going to be PAYE.
    Originally posted by 21LoveLondon
    It's beginning to look like a mix of the recruitment agent not explaining the implications to someone new to that setup and the OP not knowing enough to ask pertinent questions. Certainly - advertising the employer's day/hour rate (what workplace employer will pay to the umbrella company) rather than the worker's day/hour rate (what the umbrella will pay to the worker) makes it look higher and I wouldn't expect anyone who hasn't been/known/used a contractor to question that. Given the variable quality of recruitment agents; I would not be surprised if one were to mislead (or knowingly omit to tell) the OP in order to get he signup and make their commission/target.

    Good Luck with CAB!
    This Be the Verse - Philip Larkin. The first line that everyone knows.
    • motorguy
    • By motorguy 30th Nov 17, 11:07 AM
    • 15,806 Posts
    • 9,092 Thanks
    motorguy
    Thankyou all,

    I wasn't told anything. Just what my hourly rate would be, that I was PAYE. I was told that the contractor form was standard just sign as I was definitely going to be PAYE. I told the agent I've never been self employed before. It was something he suggested and I said I wasn't interested.

    I've never worked under such a system before. I've always been directly employed. On the odd occasion through an agency where I was paid the rate they said minus the usual NI and tax.

    So yes I was confused by this. You've explained perfectly well my situation and I'm armed with more knowledge.

    I still feel angry as I turned down another job to accept this role. I'm financially worse off and I would not have accepted this job had my agent explained the rate

    I'm taking this further, until Citizens Advice or a solicitor says I have to accept what has happened is standard, acceptable and legal practice.

    I'm sure the agent will wish he had just left my CV alone.
    Originally posted by 21LoveLondon
    Unfortunately it is legal and happens a lot - BUT not often for agency workers. I've to deal with it and depending on whether my contract is inside IR35 or outside of IR35 (there are tests to comply with) then i either pay tax under the regime you are in, OR i can put the revenue through my limited company and pay tax at a much lower rate.

    You're not the only one to fall foul of this BTW - i think a local of locum doctors and medical practictioners now fall into this regime and suddenly are paying taxes they'd no idea would be coming out of their day rate.
    You are not special. You are not a beautiful and unique snowflake.
    • motorguy
    • By motorguy 30th Nov 17, 11:11 AM
    • 15,806 Posts
    • 9,092 Thanks
    motorguy
    It's beginning to look like a mix of the recruitment agent not explaining the implications to someone new to that setup and the OP not knowing enough to ask pertinent questions. Certainly - advertising the employer's day/hour rate (what workplace employer will pay to the umbrella company) rather than the worker's day/hour rate (what the umbrella will pay to the worker) makes it look higher and I wouldn't expect anyone who hasn't been/known/used a contractor to question that. Given the variable quality of recruitment agents; I would not be surprised if one were to mislead (or knowingly omit to tell) the OP in order to get he signup and make their commission/target.

    Good Luck with CAB!
    Originally posted by NBLondon
    Yes, exactly.

    Unfortunately for the O/P it is how it should be handled and she is being taxed correctly as a contractor.

    The difficulty will be getting the message of exactly what is happening across to CAB and then actually speaking to someone who knows what they are talking about.

    O/P, it may be worthwhile having a root around on https://forums.contractoruk.com/ - lots of answers there, however if that is the regime you are in, there will be no way round you paying the Employers NI and the Apprenticeship levy.
    Last edited by motorguy; 30-11-2017 at 5:28 PM.
    You are not special. You are not a beautiful and unique snowflake.
    • 21LoveLondon
    • By 21LoveLondon 1st Dec 17, 8:23 AM
    • 8 Posts
    • 2 Thanks
    21LoveLondon
    Thankyou! I really appreciate the detail you've gone into. I've learnt something new the hard way!
    • People Save
    • By People Save 12th Dec 17, 12:54 PM
    • 4 Posts
    • 0 Thanks
    People Save
    Worst agency is Bespoke from my experience.
    Promised job for at least 3 months caused me to relocate. Job taken away after 3 weeks along with all other new staff employed at same time as ne.
    They had bad communication, no proper wage slips.
    Lied about lots of things.
    wrongfully deducted money from my account.
    Too many negatives to list. And they didnt care at all and were even insulting. They treat people like trash.
    I guess thats why Bespoke is only a small less important recruitment agency.
    I dont know whether I should blame the whole bespoke organisation or just the local wolverhampton office? Should I blame their director Ian Taylor since he was the boss of local branch and is responsible? Yet all the staff at Bespoke were not up to a good standard.
    Bespoke were allied in same office with blueglobal and national travel, probably same company with different names and they all behaved negatively.
    I know that Argos uses Bespoke, and I think it reflects badly upon Argos to use such a negative recruitment agency.
    Anyway just wanted to say beware of Bespoke, Blueglobal and National Travel. Try to avoid such negative companies. There arè lots of better recruitment agencies.
    • motorguy
    • By motorguy 12th Dec 17, 2:36 PM
    • 15,806 Posts
    • 9,092 Thanks
    motorguy
    Promised job for at least 3 months caused me to relocate. Job taken away after 3 weeks along with all other new staff employed at same time as ne.
    They had bad communication, no proper wage slips.
    Lied about lots of things.
    wrongfully deducted money from my account.
    Too many negatives to list. And they didnt care at all and were even insulting. They treat people like trash.
    I guess thats why Bespoke is only a small less important recruitment agency.
    I dont know whether I should blame the whole bespoke organisation or just the local wolverhampton office? Should I blame their director Ian Taylor since he was the boss of local branch and is responsible? Yet all the staff at Bespoke were not up to a good standard.
    Bespoke were allied in same office with blueglobal and national travel, probably same company with different names and they all behaved negatively.
    I know that Argos uses Bespoke, and I think it reflects badly upon Argos to use such a negative recruitment agency.
    Anyway just wanted to say beware of Bespoke, Blueglobal and National Travel. Try to avoid such negative companies. There arè lots of better recruitment agencies.
    Originally posted by People Save
    I'd have an awful lot more respect for your opinion if either :-

    (a) you hadnt created an account just to slag off Bespoke (and thus protect your own account) OR
    (b) you had otherwise been contributing to the forums rather than just coming on here to slag off an organisation based on your own particular experience.
    You are not special. You are not a beautiful and unique snowflake.
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