Been told I have to go self employed! what do I do?

LJW_2

Hi, I have posted this for my son who is employed by a firm and has now been told he has to go self employed for them. He hasn't got a clue what to do and needs advice.

Please can somebody help, and will he be any better off?

fengirl_2

He cant just be told to be self employed. This is often a way for employers to avoid paying sick pay, holiday pay, insurance, NIC, etc and gives no security of employment. This is especially dodgy as he is already an employee!
I would ask the employer to show your friend the ruling frm HMRC which states that this is truely a self employed position.

SuperSaver123

I am afraid 90% of my colleagues were ''offered'' self employment and I know nobody can make you but you really don't get choice, especially if you work for a small company...

Some of them are happier as they got their redundancy but most just had to accept it.:mad:

Sorry, I am not much help with the advice as I am still on PAYE-not sure how long for though...

LJW_2

Thanks for the advice. It is only a small firm and don't think he will have a choice, last thing he wants is to be unemployed in this climate!

Any more advice would be great.

McKneff

There are rules and regulations regarding self employment laid down by HMRC, for instance you cannot be a self employed waiter or shop assistant.
Aslo the point about being self employed they can just easily say, dont come in tomorrow or the next day or ever and he woouldnt be able to do anything about it.

Plumbers, Builders etc can be self employed, I would strongly recommend you speak to the tax office.

What wil they do, sack him them take him on self employd. He is employed by them and protected by law

jobbingmusician

How long has he been employed by his present employer? If longer than a year, he has rights - they can't just decide to cease his employment! Maybe consider recourse to employment tribunal? (Google it, you can do it online!)

ceridwen

He should consult with his Union. His Union should be able to tell him whether HMRC would define his type of job as employed or self-employed - if they cant - why cant they?

HMRC decides who is employed and who is self-employed. No-one else - not the employee - not the employer. As I understand it - HMRC has a set of guidelines that they will use to decide whether the job can be considered self-employed or no. I suggest you check with them - ring them/tell them who the employer is/what type of firm it is/what type of job he does for them - and they will say whether they agree with the employer or no as to whether this is likely to be classed as self-employed or no.