Non Contracted work under IR35 rules. Training Pay change
Discussion
Since retirement I have worked in a non contracted NHS adhoc role and we claim an agreed small fee plus expenses. Tax etc is paid via an external payroll company. We also get paid for each stat and man training session and have done for the years I have done this work.
Recently clearly in an effort to save money they are changing what has been custom and practice for over a decade regarding payment for the stat and man training. We have always claimed the small fee per training session. Now they want to change that. For example if you do 3 stat and man sessions in a day you can only claim one fee not 3.
The easy way round this is to do the stat and man training on separate days.
However, my question is this. Can an organisation legally change how we are paid as outlined above when it has been custom and practice for years?
Recently clearly in an effort to save money they are changing what has been custom and practice for over a decade regarding payment for the stat and man training. We have always claimed the small fee per training session. Now they want to change that. For example if you do 3 stat and man sessions in a day you can only claim one fee not 3.
The easy way round this is to do the stat and man training on separate days.
However, my question is this. Can an organisation legally change how we are paid as outlined above when it has been custom and practice for years?
It pretty much hangs on the arrangement. What does "non contracted NHS adhoc role" actually mean? Is there any documentation of the arrangement?
It sounds like you are on the payroll paying PAYE so I don't know where the IR35 in the title fits in.
If there is no documentation to go on, it would be a technical argument from an employment lawyer to establish what can and can't be done.
It sounds like you are on the payroll paying PAYE so I don't know where the IR35 in the title fits in.
If there is no documentation to go on, it would be a technical argument from an employment lawyer to establish what can and can't be done.
I think you are effectively an employee of the payroll/umbrella company. If the NHS trust changes their contract with the payroll company there isn't much you can do.
Of course as an inside IR35 worker you are an employee for tax purposes but not an employee for any other purposes such as employment rights.
Of course as an inside IR35 worker you are an employee for tax purposes but not an employee for any other purposes such as employment rights.
Thanks all for the replies. The situation is complicated.
We are all non contracted as I said. We used to get paid directly through the hospital payroll. However, our role is we need to be viewed independent to the trust on paper. Hence they arranged for an external payroll company to manage our "expenses" and they treat us yes as PAYE.
There has never been formal documantation of the arrangement it it is probably the same across all NHS trusts given the role.
We are all non contracted as I said. We used to get paid directly through the hospital payroll. However, our role is we need to be viewed independent to the trust on paper. Hence they arranged for an external payroll company to manage our "expenses" and they treat us yes as PAYE.
There has never been formal documantation of the arrangement it it is probably the same across all NHS trusts given the role.
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