Employer hasn't been paying NI or tax for me for 3 years

agrinnall

spadoosh wrote: »

Im going from the angle that OP is working on a self employed basis.

Nothing that the OP has written so far would support that. It looks very much like employment to me.

spadoosh

agrinnall wrote: »

Nothing that the OP has written so far would support that. It looks very much like employment to me.

Apart from not being paid PAYE when other members of staff are, or at least receive payslips (which im assuming is taxed at source).

Id imagine thats the angle the employer will take if HMRC come knocking too. It definitely looks like employment but without all the information, as mentioned earlier, its pure speculation.

[Deleted User]

agrinnall wrote: »

Nothing that the OP has written so far would support that. It looks very much like employment to me.

not least due to

'government work placement for 6 months which led to being kept on'.

spadoosh

[Deleted User] wrote:

not least due to

'government work placement for 6 months which led to being kept on'.

There could be a lot of mileage in that.

Government work placement. Lets say the op is a cleaner, the government offered a gwp to them. The GWP ends and the company decide to 'keep them on'. However they dont want to pay all the expenses associated with a staff member so they negotiate an elevated rate of pay with the OP for them to be a self employed cleaner.

Lets assume cleaners arent accountants and dont fully understand the responsibilities being passed on and we have a situation similar to the one the OP is in.

Again pure speculation, but its an instance in which the 'employer' isnt necessarily doing anything wrong.

Castle

Perhaps the OP can tell us if they get paid for "holidays" or days sick.

badmemory

I'm sure purdyoaten is correct in believing the OP is employed. OP I would suggest looking at your personal tax account & seeing what that says as a good start to seeing what is happening. This should show at least some NI or NI credits at least for the financial years 15/16 & 16/17, it is too early for 17/18 to show. If no info shows then you should speak to HMRC. If you haven't earned enough to pay tax then there will be no bill to pay but it is important to get your record with them correct. (No NI no pension or benefits if you need them)

If your employer has deducted them from your pay then they are liable to pay them to HMRC not you. This would of course be a lot easier if you had payslip/P60 proof.

However, I think looking for another job would be a good idea, an employer who is not filling their responsibilities in one area is unlikely to be fulfilling them in others, health & safety being a particular one. Whilst I may think at times H & S goes over the top if they have none then it is way way below what it should be.

Have you been auto-enrolled into a pension scheme - another area you may be losing out on.