Should I invoice as asked.

Ath_Wat

The thing is if he invoices for what he's been paid, he's been working for £8K a year less than was agreed with him.  If they decide he is self employed after all he needs to invoice them for the gross amount and pursue them for the full amount less what he's been paid already.

[Deleted User]

What was the furlough payment arrangements, was this as an employee or something else?

kimwp

Jillanddy said:

Sgtdibble said:

I’m not arguing my case whether I am or not, I’m asking.

I agreed a net figure due to problems with company car tax and pension increases in a previous employ. Agreeing a net figure assured bring home pay no matter what happens. 

I'm sorry,  and I'm sure you are not trying to be dishonest here. But none of this makes sense. You don't buy your own company car. And your employer doesn't give you money to buy a car that is a company car but is your personal vehicle in your name.  And it's so far out of "normal" to agree a take home,  net, salary as to be on another planet. Personal circumstances impact on what your NI, tax, student loans,  or any other deductions would be. Impossible for an employer to work that upwards to a gross salary. 

Best case scenario is that you have both been incredibly disorganised and naive. But I'll be honest and say that even on the bare facts you've given I could construct a good argument that you are self-employed. A believable one. Please get professional paid advice. This could go horribly wrong. 

It is possible to get a car allowance. I don't get it as I'm not a manager so I don't fully know how it works, but the managers at my company get it instead of being given a company car and it will definitely legitimate and legal.

comeandgo

Ath_Wat said:

The thing is if he invoices for what he's been paid, he's been working for £8K a year less than was agreed with him.  If they decide he is self employed after all he needs to invoice them for the gross amount and pursue them for the full amount less what he's been paid already.

Yes, I agree a new rate needs to be agreed if rate was given with understanding of employment.

thebrexitunicorn

kimwp said:

Jillanddy said:

Sgtdibble said:

I’m not arguing my case whether I am or not, I’m asking.

I agreed a net figure due to problems with company car tax and pension increases in a previous employ. Agreeing a net figure assured bring home pay no matter what happens. 

I'm sorry,  and I'm sure you are not trying to be dishonest here. But none of this makes sense. You don't buy your own company car. And your employer doesn't give you money to buy a car that is a company car but is your personal vehicle in your name.  And it's so far out of "normal" to agree a take home,  net, salary as to be on another planet. Personal circumstances impact on what your NI, tax, student loans,  or any other deductions would be. Impossible for an employer to work that upwards to a gross salary. 

Best case scenario is that you have both been incredibly disorganised and naive. But I'll be honest and say that even on the bare facts you've given I could construct a good argument that you are self-employed. A believable one. Please get professional paid advice. This could go horribly wrong. 

It is possible to get a car allowance. I don't get it as I'm not a manager so I don't fully know how it works, but the managers at my company get it instead of being given a company car and it will definitely legitimate and legal.

Agree. Car allowances are not uncommon. 

thebrexitunicorn

Does the business pay you holiday pay?

Sgtdibble

arctic_ghost said:

What was the furlough payment arrangements, was this as an employee or something else?

I joined after the start of furlough so it wasn’t a considering factor. 

Dazed_and_C0nfused

Have you checked your Personal Tax Account to see if anything has been reported to HMRC as PAYE earnings by this company?

Sgtdibble

Jillanddy said:

Sgtdibble said:

I’m not arguing my case whether I am or not, I’m asking.

I agreed a net figure due to problems with company car tax and pension increases in a previous employ. Agreeing a net figure assured bring home pay no matter what happens. 

I'm sorry,  and I'm sure you are not trying to be dishonest here. But none of this makes sense. You don't buy your own company car. And your employer doesn't give you money to buy a car that is a company car but is your personal vehicle in your name.  And it's so far out of "normal" to agree a take home,  net, salary as to be on another planet. Personal circumstances impact on what your NI, tax, student loans,  or any other deductions would be. Impossible for an employer to work that upwards to a gross salary. 

Best case scenario is that you have both been incredibly disorganised and naive. But I'll be honest and say that even on the bare facts you've given I could construct a good argument that you are self-employed. A believable one. Please get professional paid advice. This could go horribly wrong. 

If this is you being supportive and offering help and advise I would hate to get on your bad side!

it is going horribly wrong, that’s why I’m on here asking for help and advise!

Its literally only now reflecting on my situation it’s become apparent. My employer is/was a long term friend. I joined his small contracting company, the knock on effect of covid has hit him hard, turnover dwindled and the books were bad so he couldn’t finance a car even though it was affordable at the time so he simply said he would add it to my salary (which he has never not paid), go and buy yourself a car, even paid the deposit and since service costs.

I could go on, but everything was done to “look after me” until the moment he asked me to invoice for every payment I’d received.

I struggle with you not knowing of net salary negotiations. I know a lot of people that have done this, even in big corporates like kpmg and Citibank. I think it makes perfect sense. Look at what is happening now with NI increase (ironic in my case) that wouldn’t have affected my net income. 

Ultimately I think he’s done me over now times have got ruff, but I want to know if I can argue my situation with him, not you. I want peoples help, not a dressing down for being trusting and loyal.

Sgtdibble

thebrexitunicorn said:

Does the business pay you holiday pay?

Yes. I even had 2 weeks holiday last October then whilst off got covid and ended up off for 3 weeks in total, paid in full. Same for a 2 week Christmas period, paid in full plus a bonus.