Client taking pension contributions from my bill
Client taking pension contributions from my bill
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Discussion

croyde

Original Poster:

26,296 posts

259 months

Saturday 23rd September 2017
quotequote all
Just trying to get the law on this clarified.

I work as a Freelance TV Cameraman, and have done for over 25 years, so I bill clients for work done and hopefully get paid within 30 days.

I'm self employed, a Sole Trader, so I have an accountant and pay my Tax and NI bills twice a year and have my own personal pension.

One of the companies, that I do a little work for over the years, has suddenly started to deduct money from my invoices, saying it is the law and that everyone has to pay into their 'Work Place Pension'.

Countless calls to their accounts department has got me nowhere, just the same old 'It's now the law' and that once any paperwork finds it's way to my address, I can then start the process to opt out!!?

Currently we are talking £13.00 but I am due to invoice for more work done and have been booked for loads of days next month.

I have even called the pension provider, Aviva, who were friendly and helpful on the phone, but could not find any record of me.

If Aviva had heard of me I should have told them that I am now 55 and want to do a draw down biggrin

I just really want to check if this is really a law, especially as I am Freelance and have not had any trouble with all my other clients.

Cheers.

Granfondo

12,241 posts

235 months

Saturday 23rd September 2017
quotequote all
croyde said:
Just trying to get the law on this clarified.

I work as a Freelance TV Cameraman, and have done for over 25 years, so I bill clients for work done and hopefully get paid within 30 days.

I'm self employed, a Sole Trader, so I have an accountant and pay my Tax and NI bills twice a year and have my own personal pension.

One of the companies, that I do a little work for over the years, has suddenly started to deduct money from my invoices, saying it is the law and that everyone has to pay into their 'Work Place Pension'.

Countless calls to their accounts department has got me nowhere, just the same old 'It's now the law' and that once any paperwork finds it's way to my address, I can then start the process to opt out!!?

Currently we are talking £13.00 but I am due to invoice for more work done and have been booked for loads of days next month.

I have even called the pension provider, Aviva, who were friendly and helpful on the phone, but could not find any record of me.

If Aviva had heard of me I should have told them that I am now 55 and want to do a draw down biggrin

I just really want to check if this is really a law, especially as I am Freelance and have not had any trouble with all my other clients.

Cheers.
I thought it was only for employees.

FredClogs

14,041 posts

190 months

Saturday 23rd September 2017
quotequote all
croyde said:
Just trying to get the law on this clarified.

I work as a Freelance TV Cameraman, and have done for over 25 years, so I bill clients for work done and hopefully get paid within 30 days.

I'm self employed, a Sole Trader, so I have an accountant and pay my Tax and NI bills twice a year and have my own personal pension.

One of the companies, that I do a little work for over the years, has suddenly started to deduct money from my invoices, saying it is the law and that everyone has to pay into their 'Work Place Pension'.

Countless calls to their accounts department has got me nowhere, just the same old 'It's now the law' and that once any paperwork finds it's way to my address, I can then start the process to opt out!!?

Currently we are talking £13.00 but I am due to invoice for more work done and have been booked for loads of days next month.

I have even called the pension provider, Aviva, who were friendly and helpful on the phone, but could not find any record of me.

If Aviva had heard of me I should have told them that I am now 55 and want to do a draw down biggrin

I just really want to check if this is really a law, especially as I am Freelance and have not had any trouble with all my other clients.

Cheers.
You're not an employee, they're either mistaken, incompetent or trying to underpay you, given most HR and purchasing dept I've worked with in big business I suspect one ofthe former.

SantaBarbara

3,244 posts

137 months

Saturday 23rd September 2017
quotequote all
Write to the head of payroll and request that they check with a senior director.

They will start sending your details to HMRC next wrongly

ralphrj

4,078 posts

220 months

Saturday 23rd September 2017
quotequote all
It sounds as if the change has come about because the client has reached their staging date for workplace pension auto enrolment.

The 'workers' that have to be auto enrolled can apparently extend to freelancers or self-employed contractors depending on the circumstances of their 'employment'.

http://www.biznuspayroll.co.uk/workplace-pensions-...

above website said:
It’s not easy to pinpoint a single factor that would make a freelance or contractor a worker eligible for auto enrolment. But if most of these are true then they are likely to count as workers:

  • The contractor/freelancer is provided with tools, equipment or a vehicle to do the job rather than using their own
  • They operate out of your premises rather than their own
  • They represent you and your business name rather than their own
  • If an error is made it is corrected at your cost
  • The contract states that they are entitled to employee benefits such as holiday pay, sick pay and notice.
Someone might have carried out a review of the freelancers using a similar checklist and judged you to meet enough criteria to be considered a 'worker'. The fines can be quite large so if there is any doubt the probably would include you.





croyde

Original Poster:

26,296 posts

259 months

Saturday 23rd September 2017
quotequote all
Thanks for that. I do meet most of those criteria.

Gonna have to try the opting out route. Ta

Super Slo Mo

5,374 posts

227 months

Saturday 23rd September 2017
quotequote all
They've made a conscious decision to include you rather than ask you first. I've set up a pension scheme for one of our employees who was happy to be auto-enrolled, but for ad-hoc freelance staff, I've not done anything, nor would I expect to. We stopped using freelancers recently anyway.

Is there any reason you're not limited (and VAT registered for that matter, not that it is relevant in this case)?

It sounds a bit odd that they've done this, but is more likely, in my view, to be a decision that's been made based on ignorance rather than malice, given my experience of administrators in our industry. I've not heard of anyone else getting caught by this, although most people that I work with are limited.


Welshbeef

49,633 posts

227 months

Saturday 23rd September 2017
quotequote all
OP

They are matching that payment too be is 1/2/3% so whilst you have your own pension this will be separate.

Now sure why you want to turn down free money.

croyde

Original Poster:

26,296 posts

259 months

Saturday 23rd September 2017
quotequote all
Trouble is the amounts are so little. 13 quid last month. Maybe a bit more next month then the company is closing down in Dec.

So not much free money I'm afraid.

Welshbeef

49,633 posts

227 months

Sunday 24th September 2017
quotequote all
croyde said:
Trouble is the amounts are so little. 13 quid last month. Maybe a bit more next month then the company is closing down in Dec.

So not much free money I'm afraid.
Let it close down in Dec then transfer the funds into your main private pension.

Given tiny sums. - not worth worrying about instead focus on securing the next contract instead.

Countdown

49,235 posts

225 months

Sunday 24th September 2017
quotequote all
OP -there is something wrong here.

They would only be auto enrolling you if you were an "employee".
If they were treating you as an "employee" they would also be deducting Tax and Employees NI.

Are they?

Super Slo Mo

5,374 posts

227 months

Sunday 24th September 2017
quotequote all
He should have the so-called 'Lorimer letter', that he'd give a copy of to each client, which basically states that they don't need to account for his tax and ni.

Countdown

49,235 posts

225 months

Sunday 24th September 2017
quotequote all
ralphrj said:
It sounds as if the change has come about because the client has reached their staging date for workplace pension auto enrolment.

The 'workers' that have to be auto enrolled can apparently extend to freelancers or self-employed contractors depending on the circumstances of their 'employment'.

http://www.biznuspayroll.co.uk/workplace-pensions-...

above website said:
It’s not easy to pinpoint a single factor that would make a freelance or contractor a worker eligible for auto enrolment. But if most of these are true then they are likely to count as workers:

  • The contractor/freelancer is provided with tools, equipment or a vehicle to do the job rather than using their own
  • They operate out of your premises rather than their own
  • They represent you and your business name rather than their own
  • If an error is made it is corrected at your cost
  • The contract states that they are entitled to employee benefits such as holiday pay, sick pay and notice.
Someone might have carried out a review of the freelancers using a similar checklist and judged you to meet enough criteria to be considered a 'worker'. The fines can be quite large so if there is any doubt the probably would include you.
That's all correct but, if that were the case, I'd be expecting the Employer to be deducting tax and NI, and providing the OP with payslips. As well as sick pay, holiday pay, Maternity leave, Paternity leave, Parental Leave, ensuring that the OP is getting at least the NMW......

Mr Pointy

13,323 posts

188 months

Sunday 24th September 2017
quotequote all
Super Slo Mo said:
Is there any reason you're not limited (and VAT registered for that matter, not that it is relevant in this case)?
It avoids any IR35 issues for a start. I'm not saying that's why the OP does it but others have done this.

Super Slo Mo

5,374 posts

227 months

Sunday 24th September 2017
quotequote all
He's getting more than the NMW, don't worry about that smile

His client won't be paying any of the other benefits though, that's the whole point of being freelance. This is why it's bizarre that they are deducting pension contributions.

hyphen

26,262 posts

119 months

Sunday 24th September 2017
quotequote all
FredClogs said:
You're not an employee, they're either mistaken, incompetent or trying to underpay you, given most HR and purchasing dept I've worked with in big business I suspect one ofthe former.
yes I would go with incompetence.

Welshbeef

49,633 posts

227 months

Sunday 24th September 2017
quotequote all
The odd this is they are deducting from the invoice - they do not know what salary you are paid /pay yourself

Guessing from the day rate you charge could be materially wrong - you might pay yourself what they pay you in a year say over 5 years or however you choose.

Still it's peanuts and they are giving you some contribution. Not worth the worrry sort it in Jan when you change companies.

Super Slo Mo

5,374 posts

227 months

Sunday 24th September 2017
quotequote all
It's not like IT and other freelance contracting, he could well be working for other companies in between the day's he's booked for the client he's discussing here. So it's not a case of 'changing companies' in Jan, as there will be others he's invoicing simultaneously.

In my case, I have 4-5 clients I regularly work for, it's usually ad hoc bunches of days here and there. Different jobs each time, I would expect the OP to be doing a very similar thing.

Welshbeef

49,633 posts

227 months

Sunday 24th September 2017
quotequote all
Super Slo Mo said:
It's not like IT and other freelance contracting, he could well be working for other companies in between the day's he's booked for the client he's discussing here. So it's not a case of 'changing companies' in Jan, as there will be others he's invoicing simultaneously.

In my case, I have 4-5 clients I regularly work for, it's usually ad hoc bunches of days here and there. Different jobs each time, I would expect the OP to be doing a very similar thing.
He stated earlier that this aspect of work is ending with this company in Dec this year.

Super Slo Mo

5,374 posts

227 months

Sunday 24th September 2017
quotequote all
Welshbeef said:
He stated earlier that this aspect of work is ending with this company in Dec this year.
He stated that this company is closing down in December.

I am reasonably confident he will be working with other companies in the meantime (given it's what we all do, unless it's a long continuous job, but that's not how he described it), although it's not that relevant. It's just strange that they have suddenly started doing this, I've not heard about any other production company or facilities company doing it.