Ad hoc work offer, is it really self-employment?

weirdtimes

I'm currently unemployed. Not claiming UC so don't need advice on that side lf things. 

I've been offered work by a gardener who needs an extra pair of hands at this time of year. Would be as and when needed, can set own hours to some extent (ie. give days/times I'm available, which does affect which job the gardener will do when). 

Cash in hand is offered (at hourly rate), but gardener is not averse to doing it all above board!

I thought it would be straightforward to register/class myself as a self-employed subcontractor, sort out paying tax and public liability insurance, invoice the gardener for my time. 

However I'm finding out it seems I would need to be classed as employed due to things like working under supervision. 

I really wanted to do it all properly because I want to be able to mention I have been doing it whilst trying to get a PAYE job - so employers know I've been proactive and doing something with my time!

Basically I'm asking... is it possible? Or does it have all the hallmarks of not being able to class it as self-employment? 

Marcon

Have you been through the relevant checklist here https://www.gov.uk/guidance/check-employment-status-for-tax

FlorayG

Would the gardener be willing to employ you on a zero hours contract? While they are frowned upon, there are circumstances where they are useful to both parties. I have a zero hours contract with a local outdoor tearoom - so they can call me in when the weather is lovely and they are busy

DullGreyGuy

weirdtimes said:

I'm currently unemployed. Not claiming UC so don't need advice on that side lf things. 

I've been offered work by a gardener who needs an extra pair of hands at this time of year. Would be as and when needed, can set own hours to some extent (ie. give days/times I'm available, which does affect which job the gardener will do when). 

Cash in hand is offered (at hourly rate), but gardener is not averse to doing it all above board!

I thought it would be straightforward to register/class myself as a self-employed subcontractor, sort out paying tax and public liability insurance, invoice the gardener for my time. 

However I'm finding out it seems I would need to be classed as employed due to things like working under supervision. 

I really wanted to do it all properly because I want to be able to mention I have been doing it whilst trying to get a PAYE job - so employers know I've been proactive and doing something with my time!

Basically I'm asking... is it possible? Or does it have all the hallmarks of not being able to class it as self-employment? 

It's not that straight forward, there are lots of other considerations like if you can send a substitute, are you bringing any of your own tools etc.  Ultimately it's in your interest to be an employee but then you are likely to be offered less money as they have to pay you holiday and sickness etc. The risk is really theirs though, if you act as a self-employed person and then challenge them that you were technically a worker or employee then you'd get your former rights retrospectively applied. 

LITRG

Hello, this is a great question - we have lots of guidance about employment status for tax and for employment rights (they might not be the same!) and whose responsibility it is to decide it, on our website:  https://www.litrg.org.uk/working/employment-status

weirdtimes

Thanks for the replies. 

I've looked into it further - thank you for the helpful links. 
Looks like I'd potentially be classed as a worker, definitely not an employee. But as DullGreyGuy says, the risk is theirs... 

So for now, as a short term way to be working, I've gone for it. Hopefully not long until I am an employee again in a new job, but for now I'm quite enjoying this!