AardvarkTreeServices

Assitance with training may well be available to the lads themselves without you being involved- how many of your customers/clients help you with training?

RAMS need to be in place but the lads should do these themselves if you want them to be self employed. You can help them with them and/or reveiw what they have done to make sure all reasonably forseeable risks are mitigated, but the lads should do them- your customers dont do them for you?

If your planning on providing training, have taken on employers liabilty insurance and are reveiwing RAMS, thise sound very much like the actions of an employer. If your going to Accountax for contract guidance you'd probably be wiser getting the lads to fund their own training and compile their own RAMS.

Theres a shear pin coupling on the topper we have which has shear bolt on one side of the coupling. If the bolt shears the drive from the tractir carries on spinning but theres no drive to the topper.

The coupling is held on the shaft by a roll pin. If yours is the same you'd need to knock out the roll pin and then knock the drive shaft out of the coupling.

If you are an employer happily treating guys as subbies and you get a letter from the hmrc to pay back years of ni contributiona tax etc. Or you have a guy take you to an employment tribunal claiming unpaid holiday pay or even unfair dismissal. you might..

Exactly.

If you dont give a flying frog then thats fine so long as you maintain that approach when handing over all the tax and NI you should have collected as an employer.

Please explain about self employed contract?

Contracts and reality need to reflect a self employed relationship so getting your contracts written correctly AND working to them is important.

No, no, no you've read it totally wrong.

 

I have 3 employees not including myself. so they are under contract anyway.

 

However i have 2 subbies that are contracted to us for 1 day a week .

No mention of subbies in your original post so I only commented on what you'd written!!

I use written contracts do kind of get round it. But only because I have 3 employees now so they never do the 75% ish anyway. More contract work than freelancing really.

The "75%" and written contracts are probably meaningless as you've put your cards on the table by calling them employees.

The whole thing is a right mess from a employers point of view. I use freelance guys because they, turn up on time without fail, they bring and use there own gear and look after it, they work to the standard I expect, there not on the phone drinking red bull every 5 mins. And when work goes I don't have to pay them to not work. These days employees have more rights than the employer thus discouraging people from emloying. I really don't want the hassle that comes with employing. I'm not saying that all employees are like this!

Dont employ anyone as its a pain in the rrrs. Build good relationships with your self employed team, pay them fairly and show them respect and you'll have a winning setup. Just get your self employed contracts sorted properly!

From their web site:

 

 

 

Employers be aware.. It's not jut the HMRC who will shaft you..

Another good reason to fully understand the differences between employment and self employment and make sure that both parties to a working arrangement are clear on what the arrangement means.

I'm all for self employed groundies and climbers, but I doubt there are any out there that have relationship with with the main contractor ( I dont like to use the word boss, as that implies employment) that would allow them to send a substitute!

 

I have self employed groundies and climbers, I use then because I know of their skillset. If I book them for a day and someone else turns up I would not be impressed!

 

Of course, if the replacement did the work to the same standard or efficiency then thats fine, but then I might as well hire the replacement next time, as I am sure he would be a self employed worker for my self employed worker so therefore able to take on his own clients.

Only you and your workers know the full relationship, but if wont accept a substitute and have a fair degree of control over how, where an when the work is done, then your 'self employed' guys are sounding more like employees. As their employer you could find yourself in deep water if the revenue challenged you.

Good post and I agree with what your saying but most freelance/subbie groundies and climbers are not going to pass those tests..

Anyone can pass or fail the tests, but it all depends on the relationship between the client and the worker and whether the two parties want the relationship to be that of employment or self employment.

If the client TELLS a groundy to be at a site at a set time, do the job in a particular way, do the job himself and turn up at the yard on an on going basis, then clearly thats employment.

If the client ASKS the groundy to support a climber and clear up a job for a few days but is left to sort it out himself, then thats likely to be self employment even though the groundy may be using the clients saws and chipper. In this case the client has no control, or right if control over how the job is run, the groundy could send a substitute(with equal skills) and the work is just for the specific job.

To summarise briefly this e-mail from my accountant is almost a direct lift from HMRC's own guidance.

 

1. You should use your own tools and equipment.

 

2. You should have other “clients”.

 

3. You should not have paid holidays or paid sick leave.

 

4. You should try to avoid regular hours.

 

5. You should retain your own insurances.

 

6. You should issue invoices.

 

The Revenue will decide on status using a points system – there appears to be no definition of self employment. However, the onus and risk is on the “employer” or main contractor – not you in this case.

Self employment is defined in law but the principle tests are in post 10. The revenues take is marketing bull and NOT supported in case law!!

Hi there,

 

Without prying, could you advise as to the source of this information which seems sound and authoritative?

 

Thanks in anticipation..

Paul

The origins are in case law but explained during a seminar run by an outfit called Accountax. Its also covered in lots of other arenas concerning IR35 and tax status cases.

You can work for one company for as long as you want and be self employed!! What is important is the relationship you have with the company.

There are 3 tests for self employment which are control, substitution and mutuality of obligation!

You have to control how the work is done, not the company you work for. If you control how the work is done that is a strong indicator of self employment.

If you dont have to do the work yourself and can send someone else to do it then that is an absolute indicator of self employment.

If the company you are working for isnt obliged to offer you continuous work, or you are not obliged to accept any work offered, then that is another good indicator of self employment.

You can ignore the bull on the HMRC web site as that is there to get you into employment which brings in more tax and NI

Some of the less durable species (lime, birch, HC, etc) will start to degrade in the log shed after 2yrs, even when down to <20%MC

Interesting. Just about to top up the wood shed and theres some lime to go in too. Fortunately it wont see more than 2 years in the shed.

Burns ok, don't leave too long and over season though!

Whats over seasoning?

If you are just casual cross cutting on the ground get an undamaged secondhand pair off ebay.

They won't let you do the training if you don't have the gear so the gear has to go to the top

The places I've been will loan/rent all the PPE you need. If your budget is limited, spend your money on training and ear defenders first with remaining PPE a close second.

thanks Gary, yes the protective gear is first thing on my list

Personally I'd put decent training at the top of your list. Apart from ear defenders all the other PPE is to protect you against mistake so you're best having the training to minimise/eliminate mistakes. Get the PPE by all means but the training is the real life saver.

Thanks gentleman, I'm aware and also believe in not taking advantage of other peoples misfortune but at the same time, it was poor conditions and price should reflect that over what it would have cost him several months ago.

 

Thanks for replies, will sort it out in a min, cheers

But it wasnt his misfortune as he ignored the problem? You put yourself out and took a bit of a risk to help him out so dont sell yourself short!

I would stall the purchase until you understand the SSSI. Theres a site on an MTB route I use and after strong winds there were a few broken branches on the floor. Talking to a neighbour of the site and he said that the wood couldnt even be moved without permission!!

Definitely worth checking out any restrictions your site may have before you buy

Don't have a mortgage as yet hopefully this year!

If you're thinking of getting a mortgage then wont you want this £20k for whatever you're buying? Theres no point in getting into most of the investments suggested if you need the money in the next year or so.

Phil Dunford is a great guy and a very competant trainer. Worth the trek for you out to Clocaenog. There was a lad on the first course I did who was travelling from Birkenhead each day without a problem.

I take the closing plate and top flue out and sweep the chimney with a brush and rods. If there is air flow through the chimney where will the condensation come from ? Seasoned wood should not make any more deposits than smokeless fuel and if it's burning completely will make considerably less from what I have seen coming down the chimney when I sweep it.

Unless your burning kiln dried wood straight from the kiln, theres always moisture in the wood so there will be steam going up your chimney which will condense in a cold chimney. Theres also vapours from the resin in the wood which will condense as tar.

Any condensed water can mix with sulphur in the flue gas and form sulphuric acid which will eat at the brick work over time. A build up of tar and soot can lead to a chimney fire.

insulated flues stop all of the above by keeping the water and tar as gasses until they exit the flue, where they condense and drift onto your neighbours patch:confused1:

Bar the surface rust on the tin work, thats a nice original looking 880 you've got there. Done well to keep it like that.