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Old 23rd Jul 2009, 19:41
  #35 (permalink)  
al446
 
Join Date: Mar 2008
Location: manchester
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Bruce Wayne

Thankfully we can carry out this exchange now with a modicum of decorum.

All the points you make are broadly correct, HMRC determined the majority of them over the years in response to the slight of hand that the contracting businesses employed. I worked for some time in construction (electrical) and saw and heard of most of the dodges. However, there is a world of difference between the different areas of law ie taxation, employment and industrial relations. I can understand the confusion of some and I was trying to make that point on the other thread.

In taxation, if HMRC can prove that you are not a GENERAL contracting company ie you are the sole worker and/or supply your services to one company then they apply narrower rules.

In IR, you are not considered part of the bargaining unit, that is for direct employees only. I am always up for correction here but believe it to be the case.

Where a union may be useful is in employment law. Under certain circumstances you may be able to claim unfair dismissal. The one I can think of is guys coming in on newer less well paid contract supplanting guys on older contracts. If it can be proven that the job you did previously still exists and has now been filled by a new cheaper guy, generally, you have a claim via an industrial tribunal. That is the best way to screw RYR if you so wish. IMHO.

I agree that MOL is sharp, so much so he may cut himself in his sleep.
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