Apprencticeships / Employment Status

[Paul Jenks]

http://www.justanswer.com/uk-law/2fglz-minimum-age-one-become-self-employed-sole.html#

[freshscaped]

+1 to that, Paul, regardless of industry sector.

[AardvarkTreeServices]

http://www.justanswer.com/uk-law/2fglz-minimum-age-one-become-self-employed-sole.html#

 

If your suggesting an apprentice can work on a self employed basis whilst serving his time , thats highly unlikely to be legitimately possible!

 

As an apprentice he doesnt yet know how to do the job so he would need his mentor to control how the work is done. The apprenticeship will be offered to him personally so he cant send a substitute. The apprenticeship will be for an agreed number of years so theres an obligation for work to be offered by the employer and to be undertaken by the employee. The 3 main tests for an employed relationship all passed= employed.

[AA Teccie (Paul)]

Is the apprenticeship in the arb industry?

 

Hi Paul, thanks for your useful comments in the previous post. With regard to this one "no" it's in the sports and fitness industry.

 

Bit frustrating in a way as I'm sure he would make a very good tree surgeon but he's much maturing to do before I would steer him that way.

 

Thanks again..

Paul

[AA Teccie (Paul)]

If your lad is on the apprentice minimum wage rate, then the weekly wage payment will be below the £112 threshold where PAYE needs to operated. Any more than £112 then the guy hes working for will need to register for and operate PAYE. I sure there are ways your lad can have his wages " topped up"!

 

Going self employed as an apprentice is a bit risky as there is no way he could argue with the revenue he fulfils the self employed tests- control, substitution, MOO!

 

Hi there, thank you for this information, very useful. Presume I'll be able to find reference to such, albeit maybe as an annual figure, on the HMRC website.

 

Thanks again..

Paul

[Paul Jenks]

If your suggesting an apprentice can work on a self employed basis whilst serving his time , thats highly unlikely to be legitimately possible!

 

As an apprentice he doesnt yet know how to do the job so he would need his mentor to control how the work is done. The apprenticeship will be offered to him personally so he cant send a substitute. The apprenticeship will be for an agreed number of years so theres an obligation for work to be offered by the employer and to be undertaken by the employee. The 3 main tests for an employed relationship all passed= employed.

 

No I wasn't. To clarify, and I see your well made points above, I just looked up to whether a 17 year old could be self-employed, which I don't think he/she can. I wasn't making a connection between apprenticeship and self-employment. I feel your comments admirably covered that:001_smile:

[Paul Jenks]

Hi Paul, thanks for your useful comments in the previous post. With regard to this one "no" it's in the sports and fitness industry.

 

Bit frustrating in a way as I'm sure he would make a very good tree surgeon but he's much maturing to do before I would steer him that way.

 

Thanks again..

Paul

 

One of my guys has a degree in fitness training and sports physiology or some such. Perhaps higher education would be a cleaner route

[freshscaped]

" I just looked up to whether a 17 year old could be self-employed, which I don't think he/she can" - wrong - even an eight year old can be self-employed, there is no lower age limit. The important question is whether the individual can be self employed whilst being an apprentice. Which is more complex.

 

What an individual does to earn money outside of their contract of employment is up to them so long as it does not contradict that contract.

 

An apprenticeship, on the other hand, has to have support from a sponsor and that sponsor is almost always the primary employer. So if the apprentice wants to go off and earn money on their own account they can do so if their primary employer allows it.

 

Self-employment on its own as the only source of income and tuition will not be recognised as an apprenticeship scheme. That requires a recognised sponsor and an approved training programme.

[AA Teccie (Paul)]

" I just looked up to whether a 17 year old could be self-employed, which I don't think he/she can" - wrong - even an eight year old can be self-employed, there is no lower age limit. The important question is whether the individual can be self employed whilst being an apprentice. Which is more complex.

 

What an individual does to earn money outside of their contract of employment is up to them so long as it does not contradict that contract.

 

An apprenticeship, on the other hand, has to have support from a sponsor and that sponsor is almost always the primary employer. So if the apprentice wants to go off and earn money on their own account they can do so if their primary employer allows it.

 

Self-employment on its own as the only source of income and tuition will not be recognised as an apprenticeship scheme. That requires a recognised sponsor and an approved training programme.

 

Very useful stuff, thank you.

Paul