Ryanair - The Conduct of Employment Agencies Regulations

[Kratz]

Dear all,

I have a question regarding the "The Conduct of Employment Agencies and Employment Businesses Regulations". I have read several articles about it and to me it makes sense to opt in and stay protected by the regulation.

On the other hand I heard that if I opt in, I wouldn't be able to claim expenses against my tax and basically it would make the whole "employment" with FR (McGinley contract) impossible.

Any thoughts?

[plikee]

If you do not opt out you will not be recognised as self employed and it will cost you more money as you will have to pay employers social insurance, you would not be able to claim expenses against tax and, most importantly, you would be in breach of your contract which states (in two different clauses) that you should not be considered an employee of the Contractor (McGinley Aviation).
If a pilot opts in then he is deemed to be a McGinley employee. If he is an employee then he cannot be a director of a limited company.

Not sure what your contract says but older contracts had written that you will not at any time be deemed to be employees of McGinley or Ryanair.

So basicaly if you opt in, you were in breach of the contract. Although they give you an option, there is only one right answer. Hope it helps

[skyloone]

General advice would be to ask for direct employment from the outset. This contractor sham is landing many in hot water.

[plikee]

Not everyone gets an option. Cadets for sure don't.

[OutsideCAS]

Best answer is to give HMRC a call on;

0300 200 3300

Give them a call and ask for advice :eek:

[ELondonPax]

It sounds unlikely, but the wording of a contract is deemed of low importance of HMRC decide to investigate you. They use the duck test, if it walks like, quacks like etc.
If your work pattern looks like employment (hours dictated by employer, operating practice dictated by employer, no freedom to accept other roles for other airless etc etc) then HMRC can decide you are an employee and go after you if you have not paid tax and NI on that basis. So if what you are doing looks like conventional employment you should be signed up as an employee, to protect yourself.
You never, ever (no matter how many years later this happens) want to be on the wrong side on a HMRC investigation.

[Globally Challenged]

Death & taxes ....

[ELondonPax]

While this case does not set a legal precedent, it perhaps suggests the way the wind is blowing.
https://www.contractorcalculator.co.uk/ir35_bbc_christa_ackroyd_539010_news.aspx

[wisecaptain]

If not on a RYR contract you had better find out what you should be paying asap
This IR35 liability assessment is free

https://www.ir35testing.co.uk/Contractors

dont risk falling out with Inland Revenue.....living on the coast is no excuse;)

[JliderPilot]

Ex-BBC Look North presenter Christa Ackroyd facing tax bill of £420k - BBC News (http://www.bbc.co.uk/news/uk-england-43074584)

Anyone think this is how FR crews are paid? If so some tax bills are coming