Rights as self employed?

grannymay

Sorry if you've already read this post - I appear to have posted in the wrong thread. Apologies.

My problem is that I'm getting conflicting opinions and seem to be going around in circles so thought I'd seek your opinion.

I had an interview for a job working Mondays and Tuesdays, 6hrs per day as an assistant working in the photocopying room. I do cleaning on Thursdays and Fridays on a self employed basis and pay my own tax and NI. During the interview I mentioned that I am also self employed and offered to pay my own tax and NI when I complete my self assessment. I was offered the job by phone the next day and was told it would be on the basis that I suggested.

My partner has said that I shouldn't have done this as I wouldn't be an employee of the company and no entitled to things like annual leave, sick pay, etc. I thought that as I work set hours and days in the company building that I would still have the same rights as an employee. I can't seem to find a definite answer.

What do you suggest?

scheming_gypsy

You won't be an employee of their company as you're an employee of your own company. If you want paid holidays / sick you'll have to pay yourself for them, although if you're doing it as self employed you should be getting a higher rate than if you were going PAYE with them.

grannymay

Oh no. So even if I work set days & hours and on their property I'm still not entitled to paid holidays or sick pay? I also have to attend the occasional in-house review on my day off but I get extra hours for that. The staff on the payroll get £7.50 per hour and I am on £8.00 per hour due to paying my own tax and NI.

I could kick myself. If I requested to go on the payroll and be paid the same as the rest of the staff, would this be allowed (if they agree) as I work self-employed 2 days per week?

Takeaway_Addict

grannymay wrote: »

Oh no. So even if I work set days & hours and on their property I'm still not entitled to paid holidays or sick pay? I also have to attend the occasional in-house review on my day off but I get extra hours for that. The staff on the payroll get £7.50 per hour and I am on £8.00 per hour due to paying my own tax and NI.

I could kick myself. If I requested to go on the payroll and be paid the same as the rest of the staff, would this be allowed (if they agree) as I work self-employed 2 days per week?

You can be self employed elsewhere and employed at a different company. The problem you have now is that if you go back they may think you are messing around and may withdraw the offer. Be prepared for this just incase.

terryw

Many people have both a PAYE job and income from self-employment.

getmore4less

they save a min of 25% for holiday and NI so should be £9.88 Just to cover that.

anamenottaken

grannymay wrote: »

Oh no. So even if I work set days & hours and on their property I'm still not entitled to paid holidays or sick pay? I also have to attend the occasional in-house review on my day off but I get extra hours for that. The staff on the payroll get £7.50 per hour and I am on £8.00 per hour due to paying my own tax and NI.

I could kick myself. If I requested to go on the payroll and be paid the same as the rest of the staff, would this be allowed (if they agree) as I work self-employed 2 days per week?

The extra 50p an hour is nowhere near what they would be saving.

Go back to them on the basis that you have learned that the type of work you would be doing in the photocopying section would not be accepted by HMRC as a self-employed role and therefore you would need to be on their regular payroll for this work.

In fact it is the case that HMRC could tell them it is not self-employed and they could then fall foul of the rules which would require them to pay tax to HMRC as though they had deducted it before paying you the £8/hour and also pay NI on the grossed up pay. It isn't safe for them to pay you as self-employed.

You would also be better off receiving the same wage as the other staff. As others have said, you can be self-employed as well as having a PAYE job. It is not the case that you have to be working on only one basis.

comeandgo

Agree with anamenottaken - I dont think you can be regarded as self employed - HMRC have rules on what is self employed and what is employee

Pennywise

getmore4less wrote: »

they save a min of 25% for holiday and NI so should be £9.88 Just to cover that.

Whilst I agree with the sentiment of the posters on this thread, the 25% figure isn't right as the employer wouldn't be paying any employers NIC on that level of wages for just 2 days work per week.

So all they're saving is holiday pay and the risk of having to pay sickness/maternity pay, etc.

£8 is too low though. More like £8.50 ish would cover their holiday pay saving.

paddyrg

Honestly, as a photocopying assistant I'm not even sure you *can* be self-employed as far as HMRC are concerned. Check it with them, but it may be your opening to be able to get your employer to put you properly on payroll

colino

Why could the OP not be self-employed in this role? It is simply unskilled labour that is around in all sorts of industries. Some very archaic views of how to run a business on here.