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Employed or S/employed


Ian C
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Ok guys, this is aimed at the guys who work for themselves, like me. I need some help regarding what to do with my groundie Dean (apart from whip him harder) At the moment he is self employed and has been for years, until 2 years ago he was a s/e scaffolder, then he came to me, now it seems he shouldnt be s/employed at all, i got a letter asking a few questions so got in touch with HMRC and asked there guy, his reply was he should be employed as he is working full time hours, with my liability cover, using my tools etc etc, the deffonition of a s/employed person is someone who provides his own tools has own insurance etc like contract climbers. Do i try and "blag "it or do i take him on,i can do this on a limited contract but i dont want the hassle with PAYE and NIC etc. what are your guys on? I would rather him stop S\E but i want to be on the right side and not get any nasty supprises in 12 months time.

 

What do i do?

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Also I think there may be problems for him claiming to be self employed if the majority of his work is for one customer - ie you. I think the tax people may well see that as being an employee. Had this trouble once upon a time when driving a wagon for a parcels company - they wanted us to be s/e but as all our driving was for them we weren't according to the tax office.

 

Hope you sort it one way or another!

Andy

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If someone works for you for more than 6mths of the year you are obliged to employ them on a F/T contract!

 

Not according to the HMRC guy, it is nothing to do with hours, i can have a subby for 40 hours a week provided they have there own kit, insurance and go do the job, where the downfall is is that i provide everything so he is deemed to be an employee. Most full time scaffolders are s/e, its a thorny subject. My mate has a garage and he has 2 machanics s/e been working there 8 years, they provide there own spanners but he provides every thing else, :confused1:

 

Be better of as a rent boy, can work on me own then.

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Also I think there may be problems for him claiming to be self employed if the majority of his work is for one customer - ie you. I think the tax people may well see that as being an employee. Had this trouble once upon a time when driving a wagon for a parcels company - they wanted us to be s/e but as all our driving was for them we weren't according to the tax office.

 

Hope you sort it one way or another!

Andy

 

Yeah thats sort of what there gettin. am sure loades of people out there are gettin away with it but i want it to be right.

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