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Zero hours contracts?


benedmonds
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My accountant and tax adviser both state I am doing more than enough to satisfy the 'all reasonable measures' clause the HMRC state should an issue arise with a subbies tax.

 

That Uber driver won the case at employment tribunal.. and I am sure they had plenty of legal people looking at it...

 

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If employed are you supplying all PPE and do they take it home to potentally use with other companies? What about there vehicle, do you insure it for their business use or insist they meet at your yard? What if while they are subbing elsewhere they break a leg. Are you going to pay 6 plus weeks sick pay or even be liable for a claim for injury whilst employed (unlikely)???

 

We do sometimes provide PPE for the occasional guys(helmets anyway) they don't take it home. The sick pay is another issue am not sure of the answer.. Which is why I want contracts that are legal... But even my full time employees often work weekends for another local firm, using the PPE we provide them and yes if they hurt themselves we would be liable to pay sick leave..

 

The concern is that even after ticking the self employed boxes as you have done (although you tick allot more then we do)... I worry (maybe incorrectly) that a subbie could still be classed as an employee. If they were to have an injury outside of work they might well have nothing to lose and find a no win no fee lawyer to chase you for sick pay..

 

Using the HMRC am I self employed app the groundies come out as employees..

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Totally agree with all of that, but the economy is changing, and unless HMRC adapts the deficit will only get bigger. Much as I hate paying tax, I can still see the need for it.

 

Don't mind me, Tom, I've just been listening to too much conservative talk radio lately...

 

I see your angle. It's a tough one...the self employed already pay taxes. If they are low earners, they pay little or no taxes, but neither do the employed, if they are low earners, or part time. If we tax the self employed more, what will that achieve except to discourage people from working as much, increase the black economy, and reduce disposable income, further slowing the economy? More taxes doesn't necessarily mean less deficit- just more money for the government to squander. If we try and squeeze low earners for more, people will just opt to stay on the dole or work black, and as you said, there are 4.5 million of them, the cost/benefit of auditing that many low earners (I don't know what number would be classed as such, but I'm sure it's a lot) every few years would be a mugs game for the state. Why can't governments close their deficit gaps by just spending our money more wizely? That's why money, generally, is better spent by the people, and not the government.

Edited by Haironyourchest
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I think that's called "rolled up" pay to include the things you mention and it's illegal!

 

 

Sent from my iPhone using Arbtalk

 

 

Illegal to pay a self employed person the right amount of money?

 

I think you missed my point.

 

Most companies make people go SE to save money on wages. If done morally there should be no saving. Or the subbie is taking the hit & actually getting paid less than an employee.

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Illegal to pay a self employed person the right amount of money?

 

 

 

I think you missed my point.

 

 

 

Most companies make people go SE to save money on wages. If done morally there should be no saving. Or the subbie is taking the hit & actually getting paid less than an employee.

 

 

I did not miss your point and morally you are right!

However it's not allowed as any holiday pay has to be paid when/after the holiday is taken.

 

https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics

 

 

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Yes but only if you pay employees that way (it supposedly dis-incentivises them to take their holiday entitlements, more EU meddling) Its different for subbies, since they are responsible for setting their own holidays. Non?

 

 

Subbies should be invoicing at the rate they charge not what a business decides it wants to pay them.

 

I think it's to help those that can't budget properly therefore not taking Holidays as they have not saved any of the extra they have been paid to cover it

 

 

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