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rossmalone19

sub contractor day rate

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I think you need to have a chat with him.

 

It sounds like they want all the benefits of having an employee without giving you the benefits of Employed work.

 

Do they insist you have your own public liability as well?

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I think you need to have a chat with him.

 

It sounds like they want all the benefits of having an employee without giving you the benefits of Employed work.

 

Do they insist you have your own public liability as well?

 

It says on the contract that i will need it

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It says on the contract that i will need it

 

Do you organise any of the work you do eg where or when you work? Do you provide anything other than your personal kit eg truck and chipper, other members of staff? Do you get any part of the profit from the job other than your day rate? If the answer to these questions is no, you do not need Public Liability cover as you are freelance labour(although in your situation I would argue strongly that you are an employee and your employer is dodging his responsibilities to you with regards sick pay and holiday pay, ppe etc). In fact, you are wasting your money because your insurer would not pay out. :001_smile:

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Do you organise any of the work you do eg where or when you work? Do you provide anything other than your personal kit eg truck and chipper, other members of staff? Do you get any part of the profit from the job other than your day rate? If the answer to these questions is no, you do not need Public Liability cover as you are freelance labour(although in your situation I would argue strongly that you are an employee and your employer is dodging his responsibilities to you with regards sick pay and holiday pay, ppe etc). In fact, you are wasting your money because your insurer would not pay out. :001_smile:

 

Cant add anything to that other than to say, "what he said"

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The tests for a disguised employee are included within the wording of the contract as well as the working practices. falls within a piece of legislation called IR35. Tend to read a lot of these contracts to take clients outside IR35, feel free to drop me an email if you'd like any help with it.

 

So your contract should include things like the right to subsitution, mutuality of obligation (no right to receive or accept work after the contract is ended) and control amongst a few other things. The requirement for PL/PI insurance cover is also helpful. If you're providing your own kit is a plus point. There's a great deal of things to be brought into the equation such as supervision, direction & control.

 

Having said that, the chances of such a tax enquiry are very low as HMRC have bigger fish to fry at the moment with the team that looks after this area only able to handle 250 cases a year as per a recent HMRC consultation document.

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It's not terrible money for a mere half a days work Stefan...

 

Chortle:laugh1:

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If you want some advice on what your contract means, you could get a solicitor to explain it to you. If you don't want to pay a solicitor, university law departments often have free law clinics. Students are usually supervised by practising solicitors so the advice you get on low level stuff like this will be fine. https://www.lawclinic.org.uk/ is the one google found first in Glasgow. Best of luck with it.

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