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    • depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs. on document retention time limits etc at least 6yrs previous must be held though many hold complete info. as for acronyms and abbreviations ideally yes they should     
    • Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.
    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Self employed employee won't give me her tax code


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Hi hope you can help :|

 

A friend of mine works as a seemstress she is Bulgarian & employs a few members of staff to help her in her busy shop. All her employees work as self employed. In October 2015 she employed a woman who doesnt speak English who lives with her daughter who speaks adequate English. My friend asked this person many times to provide her with her tax & NI number so that she could register her for tax. Cut a long story short she refused to give it to her eventually resulting in my friend refusing to pay her the last months wages until she supplied her with the necessary information required. Apparently this women does not want to give her the necessary information because she lives with her daughter who is getting benefits (housing benefit & child benefits) & these benefits will be reduced if the income is declared.

 

Does anyone have any ideas what to do here :decision:

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If she employs people then I fail to see how they can then be classed as self-employed? If indeed they are self-employed then there is no need to provide any information as they will be responsible for paying their own Tax & NI.

 

https://www.gov.uk/new-employee/overview

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two wrongs dont make a right. Dismiss the person and sort out the proper regulation of her employees as that is what they are. There are 2 classes of employee, one of those is known as "worker" and they have less rights or responsibilities, such as zero hours contract people, casuals, agency staff etc. She will need to read up on it if she is to avoid problems.

Ultimately she will have to pay the person something for the work done but as she clearly doesnt have a clue about employment or contract law she should take proper advice first.

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  • 2 months later...

A bit of a late contribution from me ..............

 

If the workers come into her shop to work, they are employees without a doubt.

 

YF could easily be held accountable by HMRC for any tax and Class 1 NI Contributions that she's failed to deduct from their earnings.

 

She should seek advice from a suitably knowledgeable or qualified professional to discuss her options.

 

:-)

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