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Ryanair - The Conduct of Employment Agencies Regulations

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Ryanair - The Conduct of Employment Agencies Regulations

Old 1st Feb 2018, 13:44
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Ryanair - The Conduct of Employment Agencies Regulations

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?
Kratz is offline  
Old 5th Feb 2018, 13:12
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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
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Old 11th Feb 2018, 13:47
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General advice would be to ask for direct employment from the outset. This contractor sham is landing many in hot water.
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Old 11th Feb 2018, 13:49
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Not everyone gets an option. Cadets for sure don't.
plikee is offline  
Old 11th Feb 2018, 14:54
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Best answer is to give HMRC a call on;

0300 200 3300

Give them a call and ask for advice
OutsideCAS is offline  
Old 12th Feb 2018, 14:03
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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.
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Old 12th Feb 2018, 15:04
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Death & taxes ....
Globally Challenged is offline  
Old 15th Feb 2018, 21:11
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While this case does not set a legal precedent, it perhaps suggests the way the wind is blowing.
https://www.contractorcalculator.co....9010_news.aspx
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Old 16th Feb 2018, 11:17
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Join Date: Aug 2011
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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
wisecaptain is offline  
Old 16th Feb 2018, 15:05
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Ex-BBC Look North presenter Christa Ackroyd facing tax bill of 420k - BBC News

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

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