What am I classed as

[Alifpb]

Hi...can anyone offer advice......

I work for a company part time, head office pay my manager and my manager pays me.

I can't seem to get to the bottom of am I self employed or employed.
they don't pay any national insurance arc and can get rid of me if they want......

this question came to light when I sent my tax return in with my husband's who is self employed.

[ULA]

This seems a very strange arrangement, however do you have a contract of employment will be the starting point?

Furthermore, you would be classed as an employee if:

• You can be told what work to do, as well as how, where and when to do it.
• You have to do the work yourself.
• You can be moved from task to task.
• You are contracted to work a set number of hours and get a regular wage or salary, even if there is no work available, or you are on a zero hours contract
• The person or company you work for gives you time off for things like sickness and holidays, which is usually paid subject to the terms of the employment or according to statutory rules.

You would be considered self-employed if:

• You agree to do the work, but you can send someone else to do the job for you.
• You probably have several customers at the same time. You can do the work how, where and when you like.
• You run a business and take responsibility for its success or failure.
• You provide the main items of equipment or specialist tools you need to do your work.

Hope by working through the above you will be able to work out your employment status. Do come back and ask any further questions if you need to.

[Alifpb]

Thankyou for the reply.....
a bit of both lists apply, which is why I'm confused.

I've no contract except confidentiality.
We work our set hours out between the staff. Very relaxed
no sick pay etc.
if I don't work I can ask another person to fill my shift.
no real responsibility
I don't provide equipment.
X

[ULA]

Have you provided them with a contract for services?

By asking another person it that someone who already works for the company or can you make your own decision about who you send?

Who manages your work?

Does the company provide your equipment to do the job?

What happens if you want holiday?

Are you paid cash and do you get a payslip?

Sorry for the extra questions.

[Alifpb]

I have no contact at all.
I can swap/change a shift if needed with another person an I will do theirs.
I have a manager (my wage comes out Her bank account into mine )
I don't have wage slips and no pay for holidays of illness....
thank you so much for the replies.

[Alifpb]

Sorry ment to say....I have NO con

[ULA]

I have to say this is ringing alarm bells with me. It sounds based on what you have said that the company is trying to work around their responsibility for making tax and NI deductions, and avoiding all sorts of employment legislation i.e. no contract of employment, holiday pay, statutory sickness and wage slips.

Given that you appear to have a manager that oversees your work in terms of what, when, where and how, that you are provided with all your equipment and yes you can swap working arrangement but only amongst a group of other people on a similar arrangement I would think that you may be classed as employed.

You can check your status via this link which takes you through a series of questions that may provide a better understanding of your status

https://www.gov.uk/guidance/check-employment-status-for-tax

Can I assume that you have not registered as self employed or made any NI or tax payments yourself from the wages you have received?

Would I be right in presuming this is a small company? How long have you been there?

[ostell]

You must take action on this. You look as though you are employed but as you are not paying NI or tax then you will lose out on benefits etc later. A quiet word with your local tax office will bring results.

Somebody tried this with my daughter many years ago, trying to convince staff that they were self employed.

[Alifpb]

Thank you for replying both of you....I have been with the company 2 years this company has about 30 'shop's.
The managers are the only ones with a contract.
my husband is self enjoyed and I normally let him deal with all that side of things but for the first time I handed my own tax return in this year and thats when our accountant first flagged up HMRC may question self employed or employed.
I don't pay tax or ni as apparently under threshold.
the company have a manager in each of their 30 shops and each shop probably has 4/5 staff doing what I do.....
x

[Alifpb]

Thank you for replying both of you....I have been with the company 2 years this company has about 30 'shop's.
The managers are the only ones with a contract.
my husband is self enjoyed and I normally let him deal with all that side of things but for the first time I handed my own tax return in this year and thats when our accountant first flagged up HMRC may question self employed or employed.
I don't pay tax or ni as apparently under threshold.
the company have a manager in each of their 30 shops and each shop probably has 4/5 staff doing what I do.....
x

[ostell]

There is a point with NI where you may not be liable but are credited with a contribution. I don't know the current ceiling for this. You may be missing out

[ULA]

If you are working in a shop then my view is that you are employed and they are getting around their responsibilities as an employer including stautory obligations.

Also in addition to the NI issue all income needs to be declared to HMRC and assessed for tax deductions which, if my view is correct and you are employed, your employer should do.