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Any help would be appreciated (self employment)


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After being unemployed for quite some time iv recently started a job at a call centre not to far from where I live. Im working about 35 hours a week, 5 days a week 10-6 or 10-4.

 

Im quite enjoying the job but there are a couple of things im still not that sure on. Firstly apparently im self employed, this is a new thing for me as iv never been self employed before but im only being paid £100 a week plus bonuses (extra £50 if i get 5 pitches in a week) plus £5 per pitch and 2% commision from any sales. I realise that as im self employed they do not have to pay minimum wage but it still feels like very little for the amount of hours im doing. Has anyone worked in this kinda of situation before and does it sound about right?

 

After looking on a few sites iv also got another question as the hours are set (8 mon-thurs, 6 fri) and im selling something for someone else does that still mean im self employed? The deffinition on the DWP website left me all confused. Any help will be greatly appreciated :)

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Well, they may tell you that you are self employed and you may agree but it does not mean that HMRC will take the same view!

 

The good news is that if HMRC decide you are not self employed (there is quite a lot of information about this on their website) then they will look to the firm for the tax and NI that they should have stopped from your salary.

PLEASE NOTE:

 

I limit myself to responding to threads where I feel I have enough knowledge to make a useful contribution. My advice (and indeed any advice on this type of forum) should only be seen as a pointer to something you may wish to investigate further. Never act on any forum advice without confirmation from an accountable source.

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Iv got to sort out my own tax and national insurance, but I only found this out after asking co workers, would of thought they would of mentioned it when i went for the interview or training day....doesnt seem like the best run place in the world im still waiting on 2 pay slips aswell.

 

Cheers for the info il read up on it a little more.

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If you have to pay your own tax and NI then you will have to register as self employed. Have they asked you for your UTR (unique tax reference) number?

 

Regards

Regards

 

LilyLou

 

 

 

 

 

If I have been helpful please tip my scales

 

Any advice/comments I give are based solely on personal experience, if in doubt please consult an expert.

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I worked on this basis for many years. First you must inform HMRC.

Next you must set up your accounts. Go to somewhere like Staples and buy a cheap accounts ledger - the cost of this can be offset against any tax you pay.

Each week enter how much you have earned, also any allowable expenses needed to do your job. Working in a call centre, this probably won't be much.Ask others what they are allowed to claim.

 

It is important you start your accounts now, if you leave it until you have to make a tax return next April, you will find it twice as much work, and mistakes can happen.

 

It is important that you put aside some of your earnings to pay tax and N.I.

When you send in your annual tax return, your amount of tax due will be calculated, and you will have until the following January to pay it.

Note. Not paying it, or delaying payment is not an option.

 

If you pop into your local tax office, they will happily give you help.

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Im pretty sure minimum wage doesnt come into play because im self employed....no they not asked for my UTR yet is that something they have to do?

 

Il get on getting an accounts ledger next time i get paid, dont want to leave it too late. When it comes to informing HMRC does that have to be in writing or can I do it over the phone?

 

Thanks for the advice, I really should of read up some more before accepting the job but I think im getting my head around it now.

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Just a quick update, I phoned HMRC and registered myself as self employed. Going to get more information in the post soon. Was also told to ask my boss about my employment status.

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Just a quick update, I phoned HMRC and registered myself as self employed. Going to get more information in the post soon. Was also told to ask my boss about my employment status.

 

In my experience HMRC have very strict criteria as to who is and isn't self employed. One of the bench marks is do you work solely for one company, and do they allow you to also work elsewhere.

 

They know that some companies declare all their staff self-employed to avoid the many responsibilities that come with employing people, including operating a PAYE system.

 

My gut feeling is that you are not self employed. However you have done the right thing by informing the tax man.

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I contacted HMRC in regards to my employment status earlier through their website and will hear off them in a few days so will wait and see what they say and take it from there.

 

In regards to working elsewhere I know someone works weekends somewhere else but that doesnt clash with working where I work as we work during the week, and im not really sure about asking to many questions of my employer at the mo as I have only been working for them for a couple of weeks and dont want to risk upsetting them and then them letting me go, so I'll just wait and see what HMRC say first.

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  • 2 weeks later...

I spoke to a lawyer who told me I am employed so will have to confront my employer about this. Anyone have any suggestions about how i should do this because I dont want to be pushy but not a push over at the same time.

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have you informed the HMRC what the lawyer had told you?

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Generally speaking it is the employer who would be held to be a fault not you. HMRC could go after them for the tax and NI they should have stopped out of you wages plus a penalty.

 

You have done the right thing by contacting HMRC. If you are happy to work for whatever the firm are paying you I would be tempted to keep quiet for now. You can go after them later for the minimum wage and other employment rights if you decide it is in your best interest to do so.

 

Some very high profile organisations have been caught for millions in back tax etc for this sort of thing!

PLEASE NOTE:

 

I limit myself to responding to threads where I feel I have enough knowledge to make a useful contribution. My advice (and indeed any advice on this type of forum) should only be seen as a pointer to something you may wish to investigate further. Never act on any forum advice without confirmation from an accountable source.

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I decided to leave my job last thursday after speaking to my manager and finding out how the pay is calculated. Apparently they charged me £100 a week for the desk and equipment and then paid it back to me each week as expenses plus any commision I had gained for that week.

 

I ended up with more questions than answers so thought it was best to just call it a day....back on jobseekers I go, a little wiser and a little more jaded :/

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I decided to leave my job last thursday after speaking to my manager and finding out how the pay is calculated. Apparently they charged me £100 a week for the desk and equipment and then paid it back to me each week as expenses plus any commision I had gained for that week.

 

I ended up with more questions than answers so thought it was best to just call it a day....back on jobseekers I go, a little wiser and a little more jaded :/

 

Well, I would have a go at seeing if you can make a claim against them for at least the minimum wage for the time you worked there. I cannot see how they can get away with treating you as self employed. I assume the desk rent is an attempt to tip the scales. I would talk to a CAB or ACAS - you have nothing to lose. Also reporting it to HMRC may help others in the future.

PLEASE NOTE:

 

I limit myself to responding to threads where I feel I have enough knowledge to make a useful contribution. My advice (and indeed any advice on this type of forum) should only be seen as a pointer to something you may wish to investigate further. Never act on any forum advice without confirmation from an accountable source.

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Go straight to ACAS and CAB, what they are doing is illegal and is fraud. you also have a strong case for taking them to employment tribunal. So take them to the cleaners mate i would.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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