is this legal

amanda47

Sorry in advance I'm not very good at explaining things.
My Husband is a subcontract carpenter he has a lot of work through agency's. He has a CIS card and goes through some umbrella company.
Umbrella company take a fee no problem with that, they stop his tax and national insurance, that's also no problem. What my husband disagrees with he has to pay their national insurance etc 39 months x £42 the more hrs you work the more you pay ?. Some agency's go CIS subcontractors fee and tax only, this was as it used to be.
shouldn't all agency's give you the choice ? CIS subcontractor's first choice or CIS umbrella second choice. any help much appreciated.

sangie595

Yes it is legal. The agency can decide whatever terms they wish - so if they only place people in work through an umbrella arrangement, that is their choice. They are entitled to refuse to place anyone who doesn't agree. Equally, your husband is free to make other arrangements with another agency or on his own. But there is nothing that says the agency has to give you a choice.

amanda47

Thank you for your answer. :beer:

amanda47

sangie595 wrote: »

Yes it is legal. The agency can decide whatever terms they wish - so if they only place people in work through an umbrella arrangement, that is their choice. They are entitled to refuse to place anyone who doesn't agree. Equally, your husband is free to make other arrangements with another agency or on his own. But there is nothing that says the agency has to give you a choice.

My Husband has been told that agency's are saying its compulsory to use CIS umbrella !! so there is no choice. Sorry I didn't know this when I sent my first post.

getmore4less

Can't remember the reasons but he move for construction to umbrella has been happening.

Might be time to go Ltd.

Although getting work may be an issue as often the agencies are linked to the umbrella.

You can test this if they will let you go through any umbrella or just their recommended one.

amanda47

getmore4less wrote: »

Can't remember the reasons but he move for construction to umbrella has been happening.

Might be time to go Ltd.

Although getting work may be an issue as often the agencies are linked to the umbrella.

You can test this if they will let you go through any umbrella or just their recommended one.

Will only let them use their recommended one.

sangie595

amanda47 wrote: »

Will only let them use their recommended one.

But he fact is that it is legal. So if he doesn't want to do this he must look elsewhere for work. He is contracting, not an employee. So he agrees with the terms or he goes somewhere where the terms suit him better. The agency is not legally obliged to provide him with work.

amanda47

sangie595 wrote: »

But he fact is that it is legal. So if he doesn't want to do this he must look elsewhere for work. He is contracting, not an employee. So he agrees with the terms or he goes somewhere where the terms suit him better. The agency is not legally obliged to provide him with work.

yes your right ,I think the way out of this is for my husband to go LTD.