Contractor - Redundancy?

Author
Discussion

fergywales

1,624 posts

196 months

Wednesday 6th April 2011
quotequote all
johnfm said:
Eric Mc said:
A director is not an employee and cannot make himself redundant from his own company.
google search produced this.

I expect further research would produce case law (but I cannot be arsed).

http://www.lemon-co.co.uk/article_directors-shareh...

In summary, it depends.
Or in this case, in summary, no. The OP was operating via a Ltd under a contract to a third party company (third party to any contract of employment that is), in no way a traditional set up that would be supported by the service administrating payments.

fergywales

1,624 posts

196 months

Wednesday 6th April 2011
quotequote all
Mr POD said:
Eric Mc said:
A director, who can be entitled to certain benefits of employee status, cannot make himself redundant from his own company.
EFA
EFA(2)

johnfm

13,668 posts

252 months

Wednesday 6th April 2011
quotequote all
here we go

Berr v Neufield


Directors witha majority shareholder interest could be classed as employees and claim stat redundancy pay etc


EXCEPT if it was a 'sham arrangement' where the company really was a shadow of the individual.



[uel]http://www.complianceradar.co.uk/alert/controlling-shareholders-can-claim-statutory-redundancy[/url]

Eric Mc

122,193 posts

267 months

Wednesday 6th April 2011
quotequote all
I'd like to see the OP try.

johnfm

13,668 posts

252 months

Thursday 7th April 2011
quotequote all
Eric Mc said:
I'd like to see the OP try.
Why?

If he is the sole director of an umbrella ltd for his contracting work, case law says he will fail.

If his circumstances meet the criteria as in Berr v Neufield, why shouldn't he?

Until the government prove they can be more responsible with our money, we should give them as little as possible.

Landlord

12,689 posts

259 months

Thursday 7th April 2011
quotequote all
Eric Mc said:
I'd like to see the OP try.
hehe I've got a great mental image of you in a pugilistic stance, sleeves rolled up, willing to protect HMRC revenues with your life.

fido

16,874 posts

257 months

Thursday 7th April 2011
quotequote all
Here's a suggestion for the OP .. divert all that extra effort into getting another contract and keeping your Ltd company going?!

Eric Mc

122,193 posts

267 months

Thursday 7th April 2011
quotequote all
Landlord said:
Eric Mc said:
I'd like to see the OP try.
hehe I've got a great mental image of you in a pugilistic stance, sleeves rolled up, willing to protect HMRC revenues with your life.
On the contrary. The best way to the defeat the enemy is to know how they work.