I'm Paying Employers NI Contribution! Advice Please

[Minstrel SE]

Hi

Im just trying to get my head around this before I try and handle the matter delicately. I will not mention where I work for obvious reasons...hospitality industry

Im effectively paying over double my NI contribution BOTH the employee and employers amount on my payslip. I havent been handed any written contract yet! Its a significant amount and im not best pleased

As far as Im aware Im not a contactor/temporary employee nor working for an umbrella company I believe this are is a minefield which is not moral even if it is legal. It may be a mistake but I doubt it

Its really cheesed me off but I may have to live with it as I need the job for now. I will roll round my credit card and backup money but thats not the point when I should be paid fairly

Any advice please before I go to citizens advice. I cant rock the boat at work because I like/need the job to tick me over. However this will niggle me...who says work pays at this level.

Need to vent on this one and I will start getting advice....Whats the point of a tax free allowance if Im facing loopholes like this...how do I stand my ground as I am effectively paying for my holiday pay.

I can't raise a fuss...any advice please?.... Ta

[Macca]

You can't be self employed or you wouldn't get a payslip and even if you were temporary the situation would be the same, the employer pays the employer NI.

Either it's a mistake or I don't know what is going on. I'd ask them about it.

[Landloper]

Martin, sorry to read you are experiencing this problem. Having worked in the hospitality sector I'm all too aware that a minority of employers have a cavalier attitude to the rights of their employees. Regarding your particular difficulty it may just be a mistake, it may be that they are exploiting a loophole at your expense, or it may be that they are acting illegally. Firstly you ought raise this matter with your employer in writing - preferably by e-mail so that there can be no later denial of you having raised the matter with them. Obviously in a polite and non-accusatory manner. Once you have done this you have proof that the employer knew you were being subject to both levies. Secondly, you need to ascertain your exact employment status - you employer is bound by law to provide you with a written statement of the same within two months of you having started work with them. You ought also to apply to the to the National Insurance Board and apply for a National Insurance Statement that will set out what your employer is paying to the board. If the company is acharging you for employer's NI contributions but not paying them on to the NIB they are stealing. Have you discreetly raised this mtter with your colleagues - are they too having to pay employer's NI contributions as well employee's contributions?

I agree it is a complicated area - do what you can to clarify what is going on without antagonizing your employers, then ask the Citizen's Advice for guidance. They do have specialist advisors in this area. Once you know where you stand you will have a clearer idea of what avenues of redress are open to you. Personally, I'd start looking for alternative employment right now. Getting another job will not affect your right to raise a grievance with your current employer if it turns out that they have either made unlawful deductions or have simply been negligent.

[Minstrel SE]

You can't be self employed or you wouldn't get a payslip and even if you were temporary the situation would be the same, the employer pays the employer NI.

Either it's a mistake or I don't know what is going on. I'd ask them about it.

Will do thanks...very carefully :)

[Minstrel SE]

Martin, sorry to read you are experiencing this problem. Having worked in the hospitality sector I'm all too aware that a minority of employers have a cavalier attitude to the rights of their employees. Regarding your particular difficulty it may just be a mistake, it may be that they are exploiting a loophole at your expense, or it may be that they are acting illegally. Firstly you ought raise this matter with your employer in writing - preferably by e-mail so that there can be no later denial of you having raised the matter with them. Obviously in a polite and non-accusatory manner. Once you have done this you have proof that the employer knew you were being subject to both levies. Secondly, you need to ascertain your exact employment status - you employer is bound by law to provide you with a written statement of the same within two months of you having started work with them. You ought also to apply to the to the National Insurance Board and apply for a National Insurance Statement that will set out what your employer is paying to the board. If the company is acharging you for employer's NI contributions but not paying them on to the NIB they are stealing. Have you discreetly raised this mtter with your colleagues - are they too having to pay employer's NI contributions as well employee's contributions?

I agree it is a complicated area - do what you can to clarify what is going on without antagonizing your employers, then ask the Citizen's Advice for guidance. They do have specialist advisors in this area. Once you know where you stand you will have a clearer idea of what avenues of redress are open to you. Personally, I'd start looking for alternative employment right now. Getting another job will not affect your right to raise a grievance with your current employer if it turns out that they have either made unlawful deductions or have simply been negligent.

Thankyou very much John. I will discreetly raise it with a fellow employee if its the same for them and than carefully take matters from there. I cant do that until I return after my break... I do four shifts but am obviously over the NI threshold

If its not a mistake and if its legal they know they have me on the back foot as its really a case of do you want this job or not...the local management were lovely but they are leaving ( I wonder why?)...the head office management seem to be sticklers but I dont know much about them.

At the moment I have a sense that something is going on and Im being done over

So thanks and all I can do is take it forwards. Im reluctant to involve the HMRC or NI Board until I have much more information about this job, IR35 rules and loopholes.

Its the sort of thing that can end a job so Im naturally worried. If this is policy Im paying hundreds a year extra on a basic wage for a contribution they should be paying.

If thats how much they value me John, Im on a hiding to nothing and I need references....Brilliant eh!

[Minstrel SE]

Thankyou to everyone including Adrian.

I knew this is a great forum. It now appears that mistakes on the payslip and having just got out of bed, led to the red mist of confusion.

In this month section Employer national Insurance and amount was listed

It should have been Employee NI and a different amount. The net pay was however correct underneath with my NI contribution deducted

In the yearly accrual records section both amounts are listed but Im not sure if I have seen Employer Contributions listed before.

So with a huge Phew and my apologies for wasting everyones time :) I am an employee so I thought that couldnt be possible

Thats good though because I like my job and wrong pay is a deal breaker

[Alex_UK]

Glad it's all sorted Martin. :)