Umbrella Companies?
Discussion
So a COMPANY can treat an employee in such a way that his/her human rights are breached?
And the individual cannot seek redress against the company under Human Rights Legislation?
And what about the myriad other pieces of legislation that protect the rights of workers (and note that I don't use the word "employees")?
And the individual cannot seek redress against the company under Human Rights Legislation?
And what about the myriad other pieces of legislation that protect the rights of workers (and note that I don't use the word "employees")?
Everyone must abide by legislation that applies to them. The Human Rights Act applies to the relationship between the state and its subjects.
Read the Human Rights Act if you don't believe it. You will note it does not include causes of action or obligations against individuals or businesses.
Read the Human Rights Act if you don't believe it. You will note it does not include causes of action or obligations against individuals or businesses.
Unless the defendant is a public body, you cannot take someone to court for a breach of the Human Rights Act.
The provisions of the Human Rights Act protect people more generally because other legislation, such as the Employment and Disability Discrimination Acts for example, have to be compatible with the HRA.
So if you feel your employer is breaching your human rights, you may have a cause of action under other legislation. If you don't, you cannot take them to court for a breach of human rights, unless they are a public authority.
The provisions of the Human Rights Act protect people more generally because other legislation, such as the Employment and Disability Discrimination Acts for example, have to be compatible with the HRA.
So if you feel your employer is breaching your human rights, you may have a cause of action under other legislation. If you don't, you cannot take them to court for a breach of human rights, unless they are a public authority.
Edited by allergictocheese on Sunday 21st December 08:58
No - but there may be an impediment to forcing someone to incorporate. I have actually seen this happen - in situations where the individual was a totally inappropriate person to be made set up a limited company. Or the situation did not really warrant the formation of a limited company.
This is especially so when the company will be extremely vulnerable to harsh tax rules, such as the imposition of IR35 - or the new burden of Autoenrolment which looks like it is going to cause serious problems for a lot of small companies.
This is a serious issue -
http://www.companybug.com/lower-paid-workers-force...
This is especially so when the company will be extremely vulnerable to harsh tax rules, such as the imposition of IR35 - or the new burden of Autoenrolment which looks like it is going to cause serious problems for a lot of small companies.
This is a serious issue -
http://www.companybug.com/lower-paid-workers-force...
There will be subtle variations on how its worded. I have a client who was told that they MUST form a limited company in order to stay working for the same organisation - for which they had been let go as an employee.
I think that is bullying in the extreme. The poor girl was in tears talking to me about the pressure she had been put under.
And I am pretty sure it breaches a whole load of employment and tax regulations (if not "Human Rights").
I think that is bullying in the extreme. The poor girl was in tears talking to me about the pressure she had been put under.
And I am pretty sure it breaches a whole load of employment and tax regulations (if not "Human Rights").
I am not against choice - and small limited companies can work really well for some individuals. But not everybody is cut out to be "a company director" and they may actually enjoy being a proper employee and member of a team.
If you do CHOSE to go down the one man band company route - that is perfectly fine. The important word is "chose". The option should never be forced on someone, especially when it's an employer forcing their current staff to "go limited". That is just not on.
If you do CHOSE to go down the one man band company route - that is perfectly fine. The important word is "chose". The option should never be forced on someone, especially when it's an employer forcing their current staff to "go limited". That is just not on.
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