help required please subcontractor

thorsoak

The trouble is, you are not employed by this company, so I fail to see that ACAS can help/intervene. You have a contract (which should have been put in writing) setting out the terms under which you would work for them, the rate that you would be paid, the amount of notice required before changing sites, etc etc etc. This does not form part of a normal employed contract.

Most people work on a sub-contracted basis in order to earn more money/pay less tax. But, as you have found out, you can also come unstuck as you do not have the safeguards that you might have as a full employee.

I think you will need to see a solicitor rather than ACAS to see what you can salvage from your predicament. Is this the first contract you have had as a sub-contractor?

LittleVoice

I would insist they pay for the second fortnight's work at the agreed rate - the rate demonstrated by what they paid for the first.

Then you have to decide whether you want to continue providing them with a service.

Now start putting together your terms and conditions which you supply to this or any other client.

4spd

this is the first time i have been a subcontractor

4spd

the company who i actually do the site work for, are having a meeting with me and my fellow workers tomorrow as they know what are predicaments are and want to sub contract me direct, hopefully this will be the answer but it all depends on whether they can get away from the contractor or not.
maybe they can twist the screws on these people

SarEl

4spd wrote: »

the company who i actually do the site work for, are having a meeting with me and my fellow workers tomorrow as they know what are predicaments are and want to sub contract me direct, hopefully this will be the answer but it all depends on whether they can get away from the contractor or not.
maybe they can twist the screws on these people

It doesn't matter whether they contract with you directly or not - you are still not an employee. You are in a free standing direct relationship as client and supplier. You and the client agree your terms, and those are your terms. If the client decides that they wish to change those terms then they can do so, and you choose whether to agree the new terms of not work for them. If you are self-employed then you should be ensuring that a contract exists which stipulates the terms - but you are just as respnsible for doing this as the contractor / client.

Horseunderwater

Suggest you speak to HMRC about what can be claimed back in allowable expenses as a first stop.
There should be somebody on the end of the phone at an equirey line who can help.
You also need to decide how much each part of your services cost and what you are worth.
I value my time highly and add costs in to cover that as approp. But then I am not a subcontractor, just have some S/E income.
Food and accomodation with receipts can be claimed for as can mileage at 40p /mile upto 10k miles and then 25p thereafter. Those are just 3 things I know can be done off top of head.

misspoppy

You should also be aware that you are not a subcontractor if you ONLY work for one firm for more than 12 weeks, you are under HMRC rules an employee you need to get proper advice on being a subcontractor. You also have to register with HMRC as a subcontractor within 12 weeks of becoming self employed.