Agency “disguised Employees” – London Underground

A resolution was recently received from Jubilee South Branch regarding the above and this matter has been considered by the General Grades Committee, which has taken the decision to investigate the use of “disguised employees” by Interserve and other companies in TfL/LUL (reference LUL Engineers Charter and article by GS in January RMT News ‘Fighting Casualisation’) and to produce a report on this worrying practice.

It would appear that AGS People and LUL may be complicit in a tax evasion scam where they use the self-employed status of workers to avoid paying employers National Insurance liabilities to HMRC and SSP and holiday pay to the workers. This practice destroys even the limited rights workers enjoy in this country. We should ask what contracts exist between these ‘self-employed’ workers and LUL or its sub-contractors.

The tests under “IR35”, which were designed to catch companies and individuals avoiding tax should be applied to the practices employed by cleaning and other contractors so that the use of “disguised employees” can be weeded out.

I am currently acting in accordance with this decision and will also seek an assurance from LUL that any cleaning grades members and others affected under “disguised employees” who seek redress at an Employment Tribunal suffer no detriment, victimisation or dismissal.