redundancy - Self Employed - Fixed Term Contract

twentyfour11

Let me very easily work out what I claimed as an expense as working for this company.....O yes ZERO.


Let me check that again.......ZERO


I cant believe how plain stupid you are


Let me explain again legally you can have workers rights and still be self employed

notanewuser

You have workers rights because YOU WERE NEVER ACTUALLY SELF EMPLOYED!!!!!

ANy benefit gained by false declaration (lower tax and NI) will have to be repaid.

Its not me that's stupid. Calling yourself self employed and claiming no expenses? Absolute genius!!!! :rotfl:

twentyfour11

You clearly don't have ANY knowledge on this subject so it would be helpful if you don't put off other people with your lack of knowledge.

notanewuser

My quals and clients prove otherwise, but cheers for that laugh. :rotfl:

twentyfour11

You need re training in


1) your line of work


2) Manners

sombrero

Interesting thread.

Notanewuser - Having read this your advice is shambolic. You start by saying there is no entitlement and then you say there could be an entitlement.....which part of what you wrote is correct and which is wrong?

Have to agree a spot of retraining would be of help to you as you don't understand what has been said to you.

sombrero

Also, on the occasion that you are classed as a ‘Worker’ (for employment Rights) but Self-Employed (for tax purposes), you may be entitled to the ‘Workers’ Rights as above if you perform the work personally.


As you can see NOTANEWUSER you can be a "worker" and "self employed"

MataNui

This really isnt clear cut but on balance i dont think the OP has as much to fear from HMRC as is being suggested BUT the risk is certainly there.

Most of the stuff posted about the problems of claiming self employment when it isnt the case relates more to people who work through limited companies, where there is a significant tax advantage. If you are 'self employed' the advantage isnt quite so large. For example in a ltd company i could pay virtually 0 NI and tax at no higher than 20%. That isnt possible if you are self employed.

However:
Claiming to be self employed does put you at a financial advantage to declaring yourself as employed and HMRC have been 'robbed' of NI and tax by virtue of the expenses you could claim. To the OP:- HMRC dont give a fig that you stupidly didnt claim the expenses you were entitled to. If they do decide to open an investigation you will still be required to provide 6 years worth of detailed accounts and receipts etc to prove that.

I dont know the details of the law regarding this and i would imagine its a very, very specialized area but i do know that creating confusion about your true employment status at the moment is monumentally dangerous. Chasing contractors is currently one of HMRCs main priorities and those of us who work in this field are having to be very careful about contract wording and how we work.

notanewuser

sombrero wrote: »

Interesting thread.

Notanewuser - Having read this your advice is shambolic. You start by saying there is no entitlement and then you say there could be an entitlement.....which part of what you wrote is correct and which is wrong?

Have to agree a spot of retraining would be of help to you as you don't understand what has been said to you.

What exactly have I misunderstood? I haven't said that a self employed person couldn't be classed as a worker, although it's extremely rare. My advice changed here ONLY when the OP answered some very specific questions. They were absolutely determined that they were self employed or freelancing for all of those years, but their actual daily routine shows that they were nothing of the sort. One post turned the entire thing on its head. How on earth could they be self employed when they had no real control over any aspect of their work.

My training is all up to date, thanks.

Another_not_new_user

twentyfour11 wrote: »

I cant believe how plain stupid you are


Let me explain again legally you can have workers rights and still be self employed

You really are quite rude to people trying to advise you. Perhaps if you want an expert opinion you should pay for one instead of relying on free websites and the employers insolvency practitioner?


Because an actual expert will tell you that having worker status is irrelevant, and workers are not entitled to redundancy pay. It is employees who are entitled to redundancy payments, and there is nothing in any of your posts that indicates whether or not you have employee status.


It is entirely within the bounds of possibility that someone can be self-employed and a worker, but that does not ever make them an employee. However, as a contractor, which it appears is the status of your working relationship, it would be almost certain that you are not an employee. The test of employee status in employment law is quite specific and not the same one as used by HMRC - and can only be determined by an employment tribunal.


And the insolvency practitioner doesn't give a rat's *** about any of this because all he or she does is give you a form to claim from the Redundancy Payments Service - who will make their own decision about whether you are an employee or not. And frankly are unlikely to decide in your favour without the ruling of a employment tribunal on the matter - which you now cannot make a claim for because your employer has gone.


Before you go around calling others "plain stupid" it is such a great idea to check that you are not simply demonstrating your own ignorance.