10 Years and Nothing!!

[GreatBigHooAndToodaloo]

I don’t even know what my AIBU is. My head is spinning. I’ve name changed for this because it could be outing.

I’m furious. My DH has worked for the same man for 10 years. He is a highly skilled tradesman (engineer) His bastard boss refused to take him on as an employee even though he wears the uniform, drives a sign written vehicle, works set hours and doesn’t do any other private work. He is essentially an employee without any of the benefits. The bastard boss hides behind the CIS scheme so that he can get all the benefits of having an employee without the faff. My DH hasn’t had a single day of paid holiday or sick leave for nearly 10 years.

Bastard boss comes to the house after work on Friday and announces that he is closing the company and moving overseas in a weeks time. One week!

He has also made it clear that there will be no redundancy pay. He got the work vehicle evaluated and has said my DH can buy it from him. He showed the evaluation to my DH. He is refusing to give him any discount on it. Not a single penny. I’m furious and heartbroken. I don’t know what we’re going to do.

Does anyone have any advice? Is there anything we can actually do? Ten years of loyalty. Ten years!

@Waitrosedisaster Yes. That’s correct. I still don’t recall having to say he wore a uniform and drove a van with sign writing. You are ridiculous. He even had to give 3 months worth of text messages with daily instructions from his boss because he doesn’t keep a physical diary. We supplied proof that his van belonged to his boss and that he doesn’t pay for tools, insurance or petrol. They didn’t bat an eyelid. We satisfied their checks and got on with our life.

There is so much misinformation on this thread it is unbelievable.
@DameCelia working under the customer scheme means he was either a contractor or a subcontractor. Those are the rules and the very basis of cis

Op - that's noones fault but your husbands/whoever has been filling in his tax returns for him to have cis deducted off every wage and still have a tax bill shows hes over the 50k/20% threshold, had you/he been paying an accountant all these years they'd more than covered their fee with explaining the expenses he could have been claiming for and reducing his tax bill.

As a fully qualified gas engineer all his registrations can be offset, have you set up as a Ltd company or sole trader now for moving forward?

I've said it before, I'll say it again. Get an accountant- who deals with ltd company contracting.

Eurgh autocorrect. The CIS scheme! Ffs

[quote Vodkabulary]@Waitrosedisaster you’re starting to come across as unhinged. Why are you attacking the OP
So intensely no matter what she says you’re just determined to insult her and her DH and accuse them of all sorts of things

I’ll
Hold my hands up and say I have no real ideas about self employment rules and this CIS scheme but from reading the OPs and others posts on it you’re posts seem
OTT. Like you just can’t admit you’ve got some details wrong and can’t back down

Also no need to be so bloody rude about grammar lots of people have issues with
Spelling and grammar … just makes you look and
Sound more like a dick[/quote]
I'm certainly not unhinged (which is probably the most lazy and overused phrase on mumsnet, reserved exclusively for people who struggle having an intelligent discussion). OP has been waffling quite a bit of nonsense on this thread and then claims other people have no idea what they are talking about. She started her thread saying she knows her husband should be an employee but the money is too good to leave etc etc, then several hours later, changes the story completely. She's then saying that her husband clearly fulfils the criteria for employment yet HMRC didn't even notice when they did a compliance check on him.

[quote GreatBigHooAndToodaloo]@Waitrosedisaster Yes. That’s correct. I still don’t recall having to say he wore a uniform and drove a van with sign writing. You are ridiculous. He even had to give 3 months worth of text messages with daily instructions from his boss because he doesn’t keep a physical diary. We supplied proof that his van belonged to his boss and that he doesn’t pay for tools, insurance or petrol. They didn’t bat an eyelid. We satisfied their checks and got on with our life.[/quote]
Do you ever think that maybe if HMRC themselves undertook a detailed examination of your husband's business that maybe he doesn't meet the criteria as an employee after all?

@QforCucumber we have registered as a limited company and we have already employed an accountant. CIS is a standard 20% deduction and if there is anything owing for going over the threshold we pay it when we file his tax return. That’s how we’ve always done it. The company always paid for his registrations as he was registered under their name. We’ve just done his own registration today and we will make sure to claim it back next year. Thank you for the advice!

[quote Vodkabulary]@Waitrosedisaster you’re starting to come across as unhinged. Why are you attacking the OP
So intensely no matter what she says you’re just determined to insult her and her DH and accuse them of all sorts of things

I’ll
Hold my hands up and say I have no real ideas about self employment rules and this CIS scheme but from reading the OPs and others posts on it you’re posts seem
OTT. Like you just can’t admit you’ve got some details wrong and can’t back down

Also no need to be so bloody rude about grammar lots of people have issues with
Spelling and grammar … just makes you look and
Sound more like a dick[/quote]
Waitrosedisaster I agree with this
You seem to have a real hatred for OP and her DH for some unknown reason. You really are over the top with this.
You can state your opinion without getting so personal

@Hoppinggreen I’m starting to think that @Waitrosedisaster might be the bosses wife. She seems weirdly over invested in this thread.

Dealt with 1000's of people paid through CIS, clearly your husband and yourself have been the most ill advised and shut off from the ways to use CIS to advantage in history, then to feel hard done by caused your own complete lack of agency regarding your own affairs is beyond belief..

What kind of gas engineer wasn't back out working with in days of March 20th last year if they wanted to?

I've not read through everything but gather that you're (quite sensibly) going it alone and so wish you all the luck in the world but the way you two have sat back apparently all but uninterested in your own affairs doesn't bode well.

@Watchingyou2sleezes
what kind of gas engineer wasn’t back out working within days of March 20th last year if they wanted to? The kind who had a vulnerable diabetic wife who was heavily pregnant at the time and a child with brittle/severe asthma. To add to that, a few weeks later we had a baby born 8 weeks premature. Just like most of the world, we were out of our minds with worry and were just trying protect our family.

It’s not as black and white as you think it is, RTFT. If this is what you do for a living maybe offer a bit of constructive criticism and advice rather than just being a total dick to a complete stranger. Did you know there are an estimated 300,000 CIS contractors out there that should actually be employees? Maybe people like you who claim to work with CIS contractors accounts should start questioning the companies you run payroll for.

I'm a contractor (not CIS) but what I'm aware of is that CIS involves deductions for NI and tax on the subcontractor's behalf.
Contractors get paid more PRECISELY because we are entitled to nothing beyond the terms of our contract.
I have the same access level, email addresses etc as all permanent employees the only different is I don't get all the benefits only my day rate.
And out of this day rate I have to pay all my other expenses including an accountant.

Did you seriously never wonder why the money was that good? Look for other jobs?

If you have passed a HMRC audit then everything is likely to be above board.

Just remember in life there is no free lunch. Always google and talk to other people to see what is out there..