Offered new job as part time nursery assistant classed as self employed? advice needed

Feyfangirl

Hi All


So after a rather bad experience, I left my former workplace after nearly two years back in May 2018 and have been looking for work since. I have been on Universal credit since June 2018. At the start of the month I accepted a place to start studying a level 3 childcare qualification for one day a week.



Now at this stage after various rejections I was finally able to get another interview (as find employers in care are a tad reluctant to take me on due to my various disabilities/health conditions, of which I do understand to an extent due to safeguarding issues).



This nursery was in a nearby village and they agreed to let me work there paid part time as a nursery assistant.. as a self employed worker.



I do have a universal credit meeting in about a week, but I was wondering what being self employed would mean on that front from the universal credit point of view? And in general as they didn't ask for my p45... Many thanks! (ps am 24 and have Asperger's syndrome).

Dazed_and_confused

Consensus on here seems to be that self employment makes universal credit a little more complicated.

Are you going to try and build up your business to get other clients?

Or is this really a PAYE job that the "employer" doesn't want to treat as such for some reason?

Have you discussed the possibility of you sending someone else to do your shifts if you have work elsewhere?

What do you think will happen payment wise if you are sick? Or want a holiday?

sangie595

I cannot feasibly see that you could be legally self-employed. You'll be able to rock up to work when you fancy, send someone else in your place, decide your own hours....

That should tell you all you need to know. If they have so little regard for employment law then how would you trust them? You've had your issues with employers already, and all I can see here is that it's starting off on the wrong foot. If they wanted to employ you part-time and lawfully, then they could. They don't want to....

sangie595

Ps. I just reread what you said. People are reluctant to employ you because of safeguarding issues? Seriously, if that is the case why are you continuing to pursue a career in childcare and studying for a qualification in it? Is this wise?

TELLIT01

You definitely need to speak to your UC Work Coach before embarking on self-employment. There are any number of issues to be addressed. For example registering with HMRC; doing you own NI and tax; no holiday or sick pay. Those are just the items which come immediately to mind.

I share sangie's concerns about the way the company operates if it expects part-time employees to be self employed. It seems that they think they can avoid any liability / responsibility for your actions if anything does go wrong at work because you are self employed. It doesn't smell right at all.

Feyfangirl

sangie595 wrote: »

Ps. I just reread what you said. People are reluctant to employ you because of safeguarding issues? Seriously, if that is the case why are you continuing to pursue a career in childcare and studying for a qualification in it? Is this wise?

No, sorry that's not what I mean. I love working in childcare, its just from the interview stand point one thing thats come up is that in view of me having Asperger's, the prospective employers who don't know much about the condition assume that it would be a bad idea for someone with the condition to work within childcare or care in general from the whole communication difficulties stand point.


Whilst yes, there are times when those of us on the spectrum may struggle socially more than someone without it, it is at the end of the day a spectrum, and it can affect us in different ways, which is something employers and people don't always see or understand. Which I do get, as if you haven't had much experience with it, why would you know about it?



I've had really good references in childcare, though in the past the main consensus is "they're more than happy to have me work for free.. just not as a paid worker. -_-



Also many thanks for the replies, this is entirely new territory for me so I thought I would get some advice.

kingfisherblue

I have never heard of a nursery that has self employed people comiong in to work presumably regular part time hours. Are the other staff self employed too? I doubt it. It sounds very dodgy to me.


Regarding the safeguarding issues - they appear to be a result of your disabilities from what you have posted. Is it safeguarding you, or the children? So for example, is the concern that you could hurt yourself during a seizure, or is the concern that you could act inappropriately towards a child (maybe hit out in sudden anger)? If it is the former, then that can be managed. If it is the latter, then there is very little likelihood of you gaining employment with children.



I have no idea about the effects on UC, but I would suggest that this set up sounds extremely odd. I would tread carefully. Nurseries usually employ staff, deal with tax and NI, etc. I'm not sure why they are wanting you to be self employed, as presumably the rest of the staff are not. Also, if you are employed, you can (and should) join a union. I don't know if this is possible for self employed people, but someone else on here should be able to clarify.

sangie595

You can and should join a union, full stop. The self employed only get some services, like the unemployed, because they don't require the full range. But I don't think this is real self employment and given the disability angle, demanding that you are self employed because you are disabled is disability discrimination added to the already dodgy attempt to avoid employer responsibilities. Which gives you a potential claim from day one....