Self employed but not!

Takeaway_Addict

I personally think you need to look at whether you need the money, if you do then take the job and record every hour worked and start looking for another job.

As soon as you find one then go after her for owed money and bring as much grief as possible to her.

ScorpiondeRooftrouser

If you carry on with this job you are helping her price legitimate childminders out of the market, illegally.

Anyone who will do what she is doing is clearly not fit to be a childminder. What you should do is - I can't say resign as you don't have a job, but stop - and report her. It's up to the authorities then to get her closed down.

Carl31

George1976 wrote: »

I wish it was that easy to find something else I could fit in with my own childcare. Other people have said it's perfectly legal? Maybe not very moral but legal
thanks for taking the time to answer me.

as pointed out, its not legal due to the arrangement

The courts would decide whether or not you are employed or self employed, just stating the fact does not always cover it

A self employed person is a contract for services, usually with an agreed price. They manage themselves. Imagine a builder comes to build you an extention, would you tell them what hours they are working, and what their hourly rate is? and whether they can take time off? no, as you are not their boss

This lady wants you to be self employed to avoid paying taxes, holiday and pension, as well as of course paying you NMW, she is breaking the law. Which could also mean she is ricking the children she looks after

Takeaway_Addict

ScorpiondeRooftrouser wrote: »

If you carry on with this job you are helping her price legitimate childminders out of the market, illegally.

Anyone who will do what she is doing is clearly not fit to be a childminder. What you should do is - I can't say resign as you don't have a job, but stop - and report her. It's up to the authorities then to get her closed down.

The OP needs to do what is best for them this exact moment, if it is to work at £5 an hour and the do the reporting after then it is this.

ScorpiondeRooftrouser

Takeaway_Addict wrote: »

The OP needs to do what is best for them this exact moment, if it is to work at £5 an hour and the do the reporting after then it is this.

Fair enough, I will come round your house and take your television then, as that is best for me at this moment.

By collaborating in something illegal they will be forcing other people out of legal, properly paid work. The fact that they are not profiting much from the illegality doesn't stop them being complicit in it.

thecoffeehouse204

In addition to the above, surely Ofsted should be informed that she has taken on an assistant as I would imagine that would form part of her registration.

sangie595

thecoffeehouse204 wrote: »

In addition to the above, surely Ofsted should be informed that she has taken on an assistant as I would imagine that would form part of her registration.

^^^ This^^^

I don't think, right now, the issue is employment. With respect to the OP, I consider this a child safety issue of equal importance. If something goes wrong here, I'm seeing the OP in a great deal of trouble.

Takeaway_Addict

ScorpiondeRooftrouser wrote: »

Fair enough, I will come round your house and take your television then, as that is best for me at this moment.

By collaborating in something illegal they will be forcing other people out of legal, properly paid work. The fact that they are not profiting much from the illegality doesn't stop them being complicit in it.

In an ideal world I agree, it really depends on the OP's position, better to get paid something than nothing and survive!

Sangies point about child protection is of course more important.

ScorpiondeRooftrouser

Takeaway_Addict wrote: »

In an ideal world I agree, it really depends on the OP's position, better to get paid something than nothing and survive!

Sangies point about child protection is of course more important.

Which was my original point that you decided to disagree with.

"Anyone who will do what she is doing is clearly not fit to be a childminder. What you should do is - I can't say resign as you don't have a job, but stop - and report her. "

ACG

If you have to be in a certain place during certain times and you are using their equipment (ie pens/paper) you are employed in the eyes of HMRC. What she is doing - or thinks she is doing - is passing the buck so she can not get in trouble for paying minimum wage. However by doing that she is breaking another rule instead/also.

Also, dont forget, you are getting £5 an hour, but from that you have to pay your own tax/ni/accountants fees etc.

It is difficult if you need the job so it may be a case of sucking it up. But when you leave, if not now it could be worth calling HMRC and reporting it.