If I am not self employed- what am I? 24 February 2022 at 4:54PM in Employment, jobseeking & training 10 replies 294 views

hello007007

I am driving my son to and from his apprenticeship as he is unable to use public transport. I am being paid for my time (min wage) and costs (mileage) by Access to work.
I am not an employee. I am not self employed as I don’t set my own rates. I am not freelancing or a contractor. I have no benefits like sock or holiday pay. I am not a volunteer as I am being paid min wage while I am driving him and mileage as costs.

I don’t know what employment status I am. I’ve asked ATW to tell me but they said it needs to go in front of a case worker again as the notes are not clear.

until then what do I tell tax credits? And what do I tell HRMC?

Marcon

hello007007 said:

I am driving my son to and from his apprenticeship as he is unable to use public transport. I am being paid for my time (min wage) and costs (mileage) by Access to work.
I am not an employee. I am not self employed as I don’t set my own rates. I am not freelancing or a contractor. I have no benefits like sock or holiday pay. I am not a volunteer as I am being paid min wage while I am driving him and mileage as costs.

I don’t know what employment status I am. I’ve asked ATW to tell me but they said it needs to go in front of a case worker again as the notes are not clear.

until then what do I tell tax credits? And what do I tell HRMC?

Have you got any sort of written agreement/contract with ATW?

Andy_L

Are you being paid by AtW or is your son getting a grant from them which he then uses to pay you?

Why do you think you are not an employee of AtW if its them who are paying you?

Setting your own rates or not is not a (sole) determinator of self-employment

Have you looked at 
https://www.gov.uk/employment-status

Sandtree

Setting your own rate is not a requirement of being self employed... I can post a request for a gas engineer to disconnect and cap off my gas oven and that I am offering to pay £60.  If a self employed chap accepts the job he doesn't suddenly lose his status. 

Secondly, from what angle are you wanting to consider your status? What you're considered from a tax perspective can differ to what you may be considered from an employment rights perspective etc.

Marcon

Andy_L said:

Are you being paid by AtW or is your son getting a grant from them which he then uses to pay you?

Why do you think you are not an employee of AtW if its them who are paying you?

Setting your own rates or not is not a (sole) determinator of self-employment

Have you looked at 
https://www.gov.uk/employment-status

Looks like it's a grant: https://www.gov.uk/government/publications/access-to-work-factsheet/access-to-work-factsheet-for-customers

If so, sounds as if the son might actually be responsible for using his grant to pay for help with transport, in which case OP is likely to be self employed.

hello007007

I’m still confused. I don’t think I fall into any one category. I am just going with self employed, until I can speak to someone at ATW.

Sandtree

Are you being paid directly? Sounds like its a grant to your son and your son is then paying you and so your relationship with ATW would be nothing and if you are your son's employee or... would be the real question.

Marcon

Sandtree said:

Are you being paid directly? Sounds like its a grant to your son and your son is then paying you and so your relationship with ATW would be nothing and if you are your son's employee or... would be the real question.

I doubt OP is the son's employee - that could create all sorts of issues. Much more likely to be self employed.

hangryconsumer

Sandtree said:

I can post a request for a gas engineer to disconnect and cap off my gas oven and that I am offering to pay £60.

"Apologies to the OP" but where would a person post a request for such a type of job?

Sandtree

Marcon said:

Sandtree said:

Are you being paid directly? Sounds like its a grant to your son and your son is then paying you and so your relationship with ATW would be nothing and if you are your son's employee or... would be the real question.

I doubt OP is the son's employee - that could create all sorts of issues. Much more likely to be self employed.

Wasn't suggesting that it was the answer but that whatever the relationship its between them not the agency

hangryconsumer said:

Sandtree said:

I can post a request for a gas engineer to disconnect and cap off my gas oven and that I am offering to pay £60.

"Apologies to the OP" but where would a person post a request for such a type of job?

Rated People, MyBuilder, a list of other similar websites, why @hangryconsumer ?

Marcon

hangryconsumer said:

Sandtree said:

I can post a request for a gas engineer to disconnect and cap off my gas oven and that I am offering to pay £60.

"Apologies to the OP" but where would a person post a request for such a type of job?

Postcard on the free board at the local B&Q wouldn't be such a bad starting point!