Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I work in the construction industry, I pay my own NI contrbutions but have work for a sub contractor for 18months. The sub contractor then employs us to carry out the work, he pays my tax, and I was paid weekly into my bank account less the tax.
1 week befor christmas, he told us he had no work the company was going into liquidation and laid us off immediately.
I have since verified that the company is NOT in liquidation, and he is working the same contract I worked on with new workers.
Re: employee or self employed that is the question?
Others will comment, but I would have thought no payslips or contract wasn't on, unless the letters you got counted as that, certainly for an employee.
I have a vague recollection that things are different for sub-contractors, will have a dig around when I can.
Re: employee or self employed that is the question?
Hi. I just found this on the HMRC website. Does it help at all?
Do you work for yourself or someone else?
When you're working in the construction (building) industry, it's important to know whether you're working for yourself (self-employed) or for someone else (employed). It will affect how you pay tax.
You can find out whether you are employed or self-employed by following the link below. Find out whether you are employed or self-employed on the Directgov website If you work for someone else
If you work for someone else you are called an employee, and the person you work for is your employer.
If you work in the construction industry as an employee and your employer takes tax and National Insurance off your wages before they pay you, then CIS doesn’t apply to you. You can find out more about the tax and National Insurance you will pay as an employee in our guide ‘Working for someone else’ below. Working for someone else – more information If you work for yourself
If you work for yourself in the construction industry you will probably come within the special rules called CIS. CIS covers most construction work in the UK.
You can find out if what you do is covered by CIS by following the link below. Find out if your work comes under CIS Top Are you a contractor or subcontractor under CIS?
If the type of work you do is covered by CIS you need to know whether you are:
a ‘subcontractor’ - you provide services to someone else in the construction or building industry either yourself or by supplying other people
a ‘contractor’ - you pay subcontractors to provide services for the construction/building industry
when you're being paid by a contractor to do construction/building work you must follow CIS rules for subcontractors
when you're paying your own subcontractors you must follow CIS rules for contractors
How to register as a subcontractor for CIS
If you are going to work as a subcontractor in the construction industry, you should:
register as self-employed with HM Revenue & Customs (HMRC) - if you work for yourself
register your company with Companies House - if you are setting up a subcontractor limited company
then register for CIS
How to register as self-employed
To register as self-employed call the Newly Self-Employed Helpline on Tel 0845 915 4515. They will register you for Self Assessment tax. If you already have a National Insurance number they will also set up your National Insurance account and register you for CIS. Lines are open 8.00 am to 8.00 pm Monday to Friday, and 8.00 am to 5.00 pm Saturday and Sunday. They are closed on bank holidays. How to set up a limited company
To find out about setting up a limited company, follow the link below. Once your company is registered, HMRC will contact you about paying Corporation Tax. Starting a company or organisation and Corporation Tax How to register for CIS
To register your company for CIS, or if you are already registered as self-employed, call the CIS Helpline on Tel 0845 366 7899. If you're calling from abroad please call Tel + 44 161 930 8706. Lines are open from 8.00 am to 8.00 pm every day, except Christmas Day, Boxing Day and New Year's Day.
If you don’t have a National Insurance number, you will need an identity check before you can register for CIS. The CIS Helpline will arrange an appointment for an identity check at a local HMRC office. Top Paying tax if you are a CIS subcontractor
For most subcontractors, money is usually taken from your payments each week or month by your contractor and paid to HMRC. This is called ‘deductions’.
Then after the end of the tax year (5 April) you fill in a tax return. The information you put on the form tells HMRC if you owe more tax or if HMRC owes you a tax refund.
If you are a self-employed subcontractor you fill in a Self Assessment tax return.
If you have a limited company you fill in a Corporation Tax return.
If you are self-employed, any deductions which have been taken from your payments during the year can be used to reduce the tax and National Insurance you owe.
If you have a limited company, the deductions can be set off against the monthly payments the company has to make to HMRC for its employees or subcontractors.
Some subcontractors can be paid without any deductions taken off (which is called being paid ‘gross’). You can only be paid gross if you pass special tests. If you are paid gross then you pay all of the tax you owe after you have filled in your tax return. If you don’t register for CIS before you start work
If you're leaving the UK you must tell HMRC by contacting your Tax Office (see the link below).
Your Tax Office will give you form P85 to get any tax refund you're owed and work out if you'll become non-resident. If you still need to complete a tax return after you leave they'll let you know.
For help with CIS phone the CIS Helpline on Tel 0845 366 7899. Lines are open from 8.00 am to 8.00 pm every day, except Christmas Day, Boxing Day and New Year's Day.
Or you can find out more by following the link below. CIS – learn more Top
Re: employee or self employed that is the question?
Thank you, I believe from this that I am an employee
You are probably employed if you:
have to do the work yourself
work for one person at a time, who is in charge of what you do and takes on the risks of the business
can be told how, when and where you do your work
have to work a set amount of hours
are paid a regular amount according to the hours you work, and get paid for working overtime - even if you do casual or part-time work, you can still be employed
Re: employee or self employed that is the question?
Spider, if you were an employee, then a chat with the ACAS helpline might be useful for you, and a quick look at their website. I think they'll be there for a while.
Re: employee or self employed that is the question?
Thank you to everyone who helped me.
I contacted ACAS and followed their advice. Wrote to my employer (yes I was an employee) and outlined my grievance. My employer contacted ACAS and we entered into talk via ACAS an agreement has been reached and an ET on unfair dismissal avoided.
employee or self employed that is the question?
Reply With Quote
