Any suggestions

jo.anne

I have been offered some work to help a disabled man in his home with meals, housework, taking medication. The person who used to help him is moving and has asked am I interested, I am dubious due to the lack of structure and want to ensure I am not breaking the law. I would continue what the previous carer did:- go twice a day for one hours each time, seven days a week totalling 14 hours per week, the work entails cooking him some meals, giving him his medication and tidying his home. There is no contract and the payment is £500 per month, for some reason he transfers £300 to her account and £200 he gives her in cash (she said this was because she needed cash) I am assuming this works for him and I think he wishes this to continue, I am aware there is no holidays nor is there any contract and that it the reason for this query to see if I should help him to set something up officially. I myself claim carers allowance for my son and I would be informing them of the new job, I however would not know how I could prove to them my pay other than showing them my bank statement to see the bank transfers, so much of this seems unclear and I want to help him and obviously have a job but not if I am breaking the law. Any advice greatly appreciated

Penguin_

I'd imagine the £200 cash may not have been declared to HMRC.

Tealblue

At £500 a month, the previous carer would have been below the threshold for tax and NI, assuming this was her only source of income, so failure to declare to HMRC is possibly of no consequence.

From what you've said, it is highly likely that you would be an employee of this gentleman and that could impose certain obligations on him - registering with HMRC as a PAYE employer, providing payslips, employer's insurance etc. This all sounds pretty heavy duty, but isn't as bad as one might at first think. Step by step guide here: https://www.gov.uk/employing-staff

You are entitled to paid holidays (the rate of pay looks a bit low to meet minimum wage requirements if he's claiming that holiday pay is rolled in to the monthly £500).

Having said all that, I bet any number of similar arrangements operate quite satisfactorily up and down the country - at least they do until something goes wrong e.g. a back injury while lifting the person being cared for.

I'd have a conversation with him and talk through how he sees thing, but there should certainly be some sort of formal agreement in place between you.

AskAsk

Tealblue said:

At £500 a month, the previous carer would have been below the threshold for tax and NI, assuming this was her only source of income, so failure to declare to HMRC is possibly of no consequence.

From what you've said, it is highly likely that you would be an employee of this gentleman and that could impose certain obligations on him - registering with HMRC as a PAYE employer, providing payslips, employer's insurance etc. This all sounds pretty heavy duty, but isn't as bad as one might at first think. Step by step guide here: https://www.gov.uk/employing-staff

You are entitled to paid holidays (the rate of pay looks a bit low to meet minimum wage requirements if he's claiming that holiday pay is rolled in to the monthly £500).

Having said all that, I bet any number of similar arrangements operate quite satisfactorily up and down the country - at least they do until something goes wrong e.g. a back injury while lifting the person being cared for.

I'd have a conversation with him and talk through how he sees thing, but there should certainly be some sort of formal agreement in place between you.

i have heard of cases where a housekeeper is considered an employee instead of being self employed even though they were never registered as being employed.  if i remember correctly, some big woman politician got pulled up on it, and it was on the news.

not sure if the OP could work on a self employed basis for the man?

Undervalued

AskAsk said:

Tealblue said:

At £500 a month, the previous carer would have been below the threshold for tax and NI, assuming this was her only source of income, so failure to declare to HMRC is possibly of no consequence.

From what you've said, it is highly likely that you would be an employee of this gentleman and that could impose certain obligations on him - registering with HMRC as a PAYE employer, providing payslips, employer's insurance etc. This all sounds pretty heavy duty, but isn't as bad as one might at first think. Step by step guide here: https://www.gov.uk/employing-staff

You are entitled to paid holidays (the rate of pay looks a bit low to meet minimum wage requirements if he's claiming that holiday pay is rolled in to the monthly £500).

Having said all that, I bet any number of similar arrangements operate quite satisfactorily up and down the country - at least they do until something goes wrong e.g. a back injury while lifting the person being cared for.

I'd have a conversation with him and talk through how he sees thing, but there should certainly be some sort of formal agreement in place between you.

i have heard of cases where a housekeeper is considered an employee instead of being self employed even though they were never registered as being employed.  if i remember correctly, some big woman politician got pulled up on it, and it was on the news.

not sure if the OP could work on a self employed basis for the man?

If he was one of a number of clients the the OP almost certainly could. If the OP only works for this one person then they would almost certainly be regarded as an employee. However providing they declare their earnings then any comeback (which is fairly unlikely) would be against the client / employer and not the OP.