Casual worker no payslips?

maidensarah85

Hello,

I wonder if any of you can help me please.
I was on Maternity Leave for a year and didn't go back to work as I decided to look after my child full time. However, after a couple of months my aunty, who is the manager of a company, asked me if I want to do some work on a casual basis and I could do any hours, evenings and weekends, that I like. Obviously I couldn't turn down this chance to earn some extra money and still get to look after my child in the day. She said it might only be for 3 months, though I have been there 3.5 so far.
When I started I gave her my P45 however I have signed no contact. Since being paid monthly, I have received no payslips, though I am paid by bank transfer. I have asked about this and was told that they don't have payslips but that she would do me some...still nothing. I don't earn that much money as it's just a clerical job and I'm only doing around 15 hours a week, so have been coming out with about £450 a month but believe this is not enough to get taxed or or pay NI.. is this correct?
I don't know if she sent off my P45 anywhere but I have not got it back.
Please can someone advise if I will get in trouble if it's not declared to HMRC that I'm working for her, and does it have to be if I am only 'casual'?
Thanks in advance

Uncertain

maidensarah85 wrote: »

Please can someone advise if I will get in trouble if it's not declared to HMRC that I'm working for her, and does it have to be if I am only 'casual'?
Thanks in advance

Unlikely. The onus is very much on the employer and that is who HMRC would go after.

McKneff

You dont get your P45 back. The employer sends it off to HMRC

Keep pushing for your payslips, you may need them in the future.

Keep a note of your earnings (from your bank statement)

getmore4less

You need to get this sorted.

if you work every week then you start to accumulate continuity of service.

you really need to get the contractual terms sorted.

lets start with ...

What rate of pay and holidays are you getting?

maidensarah85

Thanks for the replies

getmore4less wrote: »

You need to get this sorted.

if you work every week then you start to accumulate continuity of service.

you really need to get the contractual terms sorted.

lets start with ...

What rate of pay and holidays are you getting?

If I'm 'casual' does there need to be a contract?
I only earn £7 an hour but I'm ok with this as it's so flexible. I haven't been advised about holidays so don't take any as if I can't go in for a day or so I either make it up or don't add the hours to my timesheet.

I asked her today about P45 and she said she sent it off to the HMRC and that she does payslips at the end of the tax year with the P60 and doesn't do them monthly. Said I don't earn enough for NI contributions.

getmore4less

start here

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Workersemployeesandselfemployment/DG_183998


it is obviously a convenient arrangement but you just need to get the basics in place.

maidensarah85

Thans for the link.
I've had a look and it looks as though I come under the catorgory 'worker'. It says:
Should you be given a payslip?


You do not have a right to receive a pay slip if you are:

• not an employee; for example contractors, freelancers or 'workers'

I find that a bit odd to be honest. So I just have to assume my wages are going through the PAYE system.

As for holidays:
Casual or irregular working patterns

If you work casually or irregular hours it may well be easiest to calculate the holiday entitlement that accrues (accumulates) as hours are worked. The holiday entitlement of 5.6 weeks is equivalent to 12.07 per cent of the hours you worked. The 12.07 per cent figure is:
5.6 weeks' holiday, divided by 46.4 weeks (being 52 weeks - 5.6 weeks) multiplied by 100 = 12.07 per cent
The 5.6 weeks have to be excluded from the calculation as you would not be present during the 5.6 weeks in order to accrue annual leave. For example, if you had worked 10 hours, you would be entitled to 72.6 minutes' paid holiday:
12.07 per cent x 10 hours = 1.21 hours = 72.6 minutes
The holiday entitlement is just over seven minutes for each hour worked.

All rather confusing to be honest. Maybe I should ask my OH to look at it considering he works in Finance! I wasn't really too worried about the holidays, just wanted to make sure the tax/NI issue was going through the right channels

SeduLOUs

You won't be paying tax because you're earning under the threshold, but your income does still need to be declared to HMRC and this is your responsibility.

The income can be declared by way of PAYE payroll, which would involve payslips. You would then be an employee entitled to minimum holidays, SSP, SMP etc etc.

If you are working on a 'self-employed' basis, and payroll isn't being run on a PAYE basis than you have to register as self-employed and submit a tax return. You won't owe any tax, but you still have to complete one anyway.

You need to find out ASAP whether the person you are working for is viewing you as employed or self employed. If they claim you are employed then they HAVE to provide you with payslips and a yearly P60 etc, and then you need to agree your terms around working hours, holidays etc etc.

It all sounds rather dodgy to me, but don't just sit back thinking it's up to them to sort out. Your personal income is your responsibility, and in the long run if your 'employer' doesn't deduct appropriate tax and pay it over you will be liable for it, not them.

maidensarah85

SeduLOUs wrote: »

You won't be paying tax because you're earning under the threshold, but your income does still need to be declared to HMRC and this is your responsibility.

The income can be declared by way of PAYE payroll, which would involve payslips. You would then be an employee entitled to minimum holidays, SSP, SMP etc etc.

If you are working on a 'self-employed' basis, and payroll isn't being run on a PAYE basis than you have to register as self-employed and submit a tax return. You won't owe any tax, but you still have to complete one anyway.

You need to find out ASAP whether the person you are working for is viewing you as employed or self employed. If they claim you are employed then they HAVE to provide you with payslips and a yearly P60 etc, and then you need to agree your terms around working hours, holidays etc etc.

It all sounds rather dodgy to me, but don't just sit back thinking it's up to them to sort out. Your personal income is your responsibility, and in the long run if your 'employer' doesn't deduct appropriate tax and pay it over you will be liable for it, not them.

Thanks for your reply. Yes, that is why I am here trying to sort it out and find out what needs to be done. She informed me yesterday that she sent off my P45 and that I'll get payslips and P60 at the end of the tax year so I assume that means it's going through the PAYE system. I guess that means i need to get a contact sorted.

SeduLOUs

maidensarah85 wrote: »

Thanks for your reply. Yes, that is why I am here trying to sort it out and find out what needs to be done. She informed me yesterday that she sent off my P45 and that I'll get payslips and P60 at the end of the tax year so I assume that means it's going through the PAYE system. I guess that means i need to get a contact sorted.

Getting payslips at the end of the year doesn't make any sense though. To pay you they would have had to run your earnings through some sort of PAYE based payroll software which would automatically churn out a payslip. If they can't provide this to you at the time of payment then alarm bells start ringing. Don't panic too much for now, but if you haven't had any form of official payroll paperwork by March get on to HMRC and explain the situation. You can then register as self-employed and declare your income to make sure you have upheld all of your responsibilities re tax.

The employment contract is another matter. You should be provided with the terms of employment within one month of commencing employment.

maidensarah85

I've asked several times about the payslips and she just keeps saying she doesn't have them monthly. I'm still waiting to be paid for this month. Normally it is on the 28th but nothing yet! Sooo annoying. As it's family it makes the situation harder. I'm considering leaving. She's good at her job but as she's very busy it seems to make her disorganised in other areas. I asked about a contract when I first started.