Freelancer/Subcontractor Insurance

[eggsarascal]

16 minutes ago, Rich Rule said:

Something like that yes.

 

Smith was awarded back payment of holidays, and other benefits and PP instructed to pay employers NI and tax based on the wages over the period of employment.  As it was deemed, everyday working for the same company they should have the same rights as the employees in the books.

So, I was miles out then.

[benedmonds]

1 hour ago, Rich Rule said:

Ben, Bona Fide or Labour Only?

 

That should be the question.

 

...and surely having a freelancer working full time is definitely classed as an employee. 

That is the question. According to the .gov calculator my freelancer is self employed.. see the pdf I posted in the op. 

 But he is not a bona fide sub contractor  or a labour only contractor.

[benedmonds]

39 minutes ago, Mark Bolam said:

He can’t do that Ben, it’s totally illegal.

What can't he do? Be self employed?  He can according the .gov web site. See pdf in op. 

[Mark Bolam]

He can’t be SE and work for you full time.

[Rough Hewn]

He can’t be SE and work for you full time.

He can, but when Hmrc catch up, the employer will be back paying for employers tax, NI, holidays etc followed by a large fine.
It’s just a stupid and expensive way of doing it.

[benedmonds]

3 hours ago, Rough Hewn said:

He can, but when Hmrc catch up, the employer will be back paying for employers tax, NI, holidays etc followed by a large fine.
It’s just a stupid and expensive way of doing it.

freelancer.pdf

Did you look at the PDF.. The HMRC Check for employment Status say he is Self-employed for tax purposes...

[Rough Hewn]

freelancer.pdf
Did you look at the PDF.. The HMRC Check for employment Status say he is Self-employed for tax purposes...

Only for that contract.
But if he’s full time, it’s completely different.
After a certain quota of hours/days/weeks he will qualify as an employee.

[benedmonds]

13 minutes ago, Rough Hewn said:

Only for that contract.
But if he’s full time, it’s completely different.
After a certain quota of hours/days/weeks he will qualify as an employee.

Full time does not mean permanent.... You can work 5 days a week for one employer and still be classed as self employed.. This quota/number of days is often mentioned but I have  NEVER read it in any official document.

I filled in the the HMRC honestly - Check Employment Status for Tax and they say they are Self-employed for tax purposes..

[Rough Hewn]

Full time does not mean permanent.... You can work 5 days a week for one employer and still be classed as self employed.. This quota/number of days is often mentioned but I have  NEVER read it in any official document.
I filled in the the HMRC honestly - Check Employment Status for Tax and they say they are Self-employed for tax purposes..

I believe you, but I’m not Hmrc.
I used to do part time work fir a very clued up guy. He would only employ me when the hours were worked out over X months.
As to avoid paying as an employer.

If you are “contracting” him 5 days a week,
Every week, have a chat with an HR consultant.
Might be a lot cheaper.

[Vedhoggar]

Self-employed in relation to tax is not to be confused with insurance requirements, it comes down to what the insurance policy covers. You would expect a bona fide sub-contractor to be insured but self-employed can be covered under the main contractors insurance.