Help re advising a client and knowing they wont do it!

[virtuald]

Hi

If you advise one of your client to so something and you know that they have no intention of listening to your advice what would you do?

This is the scenario:

I work out the wages for this company and they all earn under LEL so he just presummed that his job was the only one they had which of course they don't as his is only for 10 hours a week!! He never got P45/P46's off them so when I took over doing the wages P46's got issued and he now has to deduct tax from them and send it to HMRC. I tell him how much to pay and even type the letter to him, but I know he had no intention of sending the cheque! He also pays some of his employee's under the NMW even though I have emailed him telling him of the rate.

Do my emails that I have sent him advising of NMW and amount to pay HMRC cover me as I am telling him what to do and he is choosing what to do, I don't want HMRC coming back to me as I have advised him what to do!!

Many Thanks

Amanda
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[sjbeale]

So long as you have evidence of the advice you gave in emails then that is your defence with the client if things go pear shaped with HMRC. Likewise you have something to show HMRC if they come knocking at your door.

When I give HR advice I confirm my verbal advice in writing to cover myself.

 

[DavidAshdown]

I agree that you should make sure everything is in writing to safeguard yourself, however I don't think HMRC can come to you anyway as it is his responsibility and not yours.

 

[David Griffiths]

You would have no responsibility if the client doesn't take your advice. However, you would have to consider your responsibilities under the money laundering regulations, and also if you should continue to work for somebody who behaves in that way.