questions

[MRW]

Sorry to start a new post i had questions in different parts of the site I thought I’d put them in one place ... as always any help/ advice is very much appreciated !

I’m currently going through he sponge bob plan, have ceased trading and have vacated the company address.

My landlord has agreed to cancel my lease with no money owed, can he re lease it to the public or does he have to wait for my company to be dissolved first ?

Can I/ should I respond to mail sent to the company address ? (The landlord keeps handing it to me)

One of the subcontractors has claimed (after we ceased trading) that he was actually employed and not self employed and is requesting missed holiday pay, he was self employed and was sacked due to gross misconduct ( he started a fight in the street with another sub contractor) do I need to address this or does this go away with the dissolving company?

Again thank you in advance !

 

[Mr D]

Ouch.
Sacking implies employment.

Landlord can lease empty building again when they want. Good idea to have company mail redirected or provide them with a new address. You don't want to miss anything.

 

[MRW]

Ouch.
Sacking implies employment.

Landlord can lease empty building again when they want. Good idea to have company mail redirected or provide them with a new address. You don't want to miss anything.

Thanks MrD ...wrong terminology... dismissed better ?

 

[Gavin Bates]

Hi

Even if he was an employee it is still a claim against the Company so same result. Carry on with your sponge bob plan

 

[kulture]

Thanks MrD ...wrong terminology... dismissed better ?

Not at all. Ceased providing work would be better.

 

[JEREMY HAWKE]

I may be wrong but I get the feeling you may have given this sub contractor an impression that he may have been employed by the way you have presented this on the forum

You sack or dismiss an employee

Just to be on the safe side so there are no arguments about an individuals status you tell a sub contractor to F off if he or her has been fighting in the street .

I have an additional question for the usual suspects that I am unsure about ?

I am assuming that this liability should the sub contractor have a case is against the company and there would be no one to claim against

On the other hand is there some sort of criminal/civil procedure that means the director could be prosecuted and liable even if the company has been dissolved. When it comes to a self employed person being proved to be in what should be an employed status

 

[RobinBHM]

I wouldve thought a sub contractor would invoice you and if construction then you would both operate under CIS.

HMRC have criteria that determine whether a person is self employed or employed. If the sub contrsctir worked full time and only for you permanently its likely they are employed.

 

[MRW]

I may be wrong but I get the feeling you may have given this sub contractor an impression that he may have been employed by the way you have presented this on the forum

You sack or dismiss an employee

Just to be on the safe side so there are no arguments about an individuals status you tell a sub contractor to F off if he or her has been fighting in the street .

I have an additional question for the usual suspects that I am unsure about ?

I am assuming that this liability should the sub contractor have a case is against the company and there would be no one to claim against

On the other hand is there some sort of criminal/civil procedure that means the director could be prosecuted and liable even if the company has been dissolved. When it comes to a self employed person being proved to be in what should be an employed status

Thanks for your input Jeremy....the guy in question knows full well he's a sub contractor he's just trying his luck, the actual conversation went along the lines of "that's unacceptable, and there no place for that behaviour here, your done, go home" ...
I think I'll reply to his grievance letter highlighting the reasons why he was considered as self employed tell him his financial claim did with the company and for he finds someone else to bother, I wouldn't mind so much but he was useless at his job and I took pity on him he probably cost the company more than he made it!

 

[MRW]

I wouldve thought a sub contractor would invoice you and if construction then you would both operate under CIS.

HMRC have criteria that determine whether a person is self employed or employed. If the sub contrsctir worked full time and only for you permanently its likely they are employed.

To be totally honest I didn’t deal with peoples pay, but I know he was payed through the cis scheme.
he was an “installers mate” he was free to work for whoever he wanted, and some of the installers and mates regularly did there own work...although we provide them with full weeks work if they want it, they had guideline hours (for customers benefit) but never worked the full day and finished when they felt like it, he was also required to provide his own tools and the installer was the one who was responsible for what he was actually required to do each day.
Most of our industry is employed this way a very “grey area” ?

 

[RobinBHM]

To be totally honest I didn’t deal with peoples pay, but I know he was payed through the cis scheme.
he was an “installers mate” he was free to work for whoever he wanted, and some of the installers and mates regularly did there own work...although we provide them with full weeks work if they want it, they had guideline hours (for customers benefit) but never worked the full day and finished when they felt like it, he was also required to provide his own tools and the installer was the one who was responsible for what he was actually required to do each day.
Most of our industry is employed this way a very “grey area” ?

If he regularly did his own work, he sounds like he was self employed.
An installers mate Id say is a labourer / improver.

It is a grey area, I suppose younpaid him day rate or per hour rather than he quoted for each job. However It seems to me the guy is trying it on.