Help with documents needed to be employed by my husbands company ?

[Playnicelyforfiveminutes]

Hello, I have googled for ages but I cannot understand the words on the screen, and my mobile will not let me call the dwp.

I haven't worked for over ten years, or fifteen odd in the uk.
My husband is starting a limited company, he wants to employ me to do some easy paper work, phone calls etc. My first "admin" job is to get the necessary paperwork for him to employ me.. I'm so lost.. But obviously don't want him to think I am incompent

If anyone can help or point me in the right direction I'd be very grateful.

[lampshady]

P46, bank details and rough contract details (rates of pay, contracted hours etc). If you're an employee you'll also have the working hours regulations that go with it regarding breaks, paid holiday and hours. If it's regarded as sensitive work you'll need a DBS.

Are you doing payroll yourselves? If it's outsourced they'll do all of that.

[lampshady]

www.gov.uk/employing-staff

[lampshady]

Don't forget the employer's insurance! I'd recommend one with an employment helpline staffed by experts, not generic call centre staff , in case you might want to take him to a tribunal ;)

[Playnicelyforfiveminutes]

Wow! A reply!! Thank you so much. I have just this week got myself a renewed passport and am going to open my first account for years.

Is the P46 something I can call up for from the dwp?

I know he has employed an accountant, so maybe she will do the payroll..
I didn't realise it was so formal, with holidays, breaks etc. I have 3 children at home and hoped it would be easy to fit around them. I don't think I am genuinely employable, I am not even sure why he is paying me, since we have always shared a bank account and all money. I wonder if I will be able to keep it !

Thank you very much :)

[Playnicelyforfiveminutes]

Lampshady - are you serious about him needing employers insurance? Sorry, I'm totally out of my depth. I won't be leaving the house, or driving or handling anything of value, I think I'm just going to take phone calls when he is out, and google potential clients... He is brand new to this too. I asked why doesn't everyone do this? But I'm beginning to see why..

[Playnicelyforfiveminutes]

Oh and type up letters he has recorded. He will be working as an engineer if that makes any difference.

[lampshady]

Yes, he'll need employer's insurance. Isn't expensive though. P46 will be needed by whoever is doing the payroll so you're given the right tax code (before hmrc cock around with it at will).

Go to //www.gov.UK/new-employee/employee-information

Actually. Just looked at that link and they say a P46 is no longer used, but I work for an archaic charity so everything we do is out of date. You can download all forms from there.

[Playnicelyforfiveminutes]

Ah I see... It makes no difference who i am working for, i was googling special rules and regs for working for your own husband..! It sort of feels a bit wrong for some reason. He plans to pay us each min wage, and then try to top up with benefits... That surely cannot be allowed can it? While the extra money made sits in "the company account" ? Is that wishful thinkng? Or a actual legal loophole?

[PetraDelphiki]

[http://www.cheltenham.gov.uk/site/scripts/download_info.php?downloadID=267&fileID=659]

This suggests that:
"If you are a director of a company registered with companies house,
then we take the income paid to you as a director from the accounts
and treat this as paid employment. If you also have a share in the
profits of the company, then that share is added to your capital
when we work out your benefit. "

Any money left in the company rather than paid as salary would be profit of the company, so if you/he are shareholders it would count as capital. And if you aren't shareholders you won't ever be able to get the money out (except as salary over later years).

Do I also need to say that relying on benefits if you have money in the company could be possibly maybe considered slightly unethical????

Oh and you wouldn't be working for your husband - you'd be working for DH Ltd which is a completely different legal entity. It's a reasonable way of getting some money out of the company if you have no other income, however if he is ever caught by IR35 whatever income you took will be retaxed as his anyway. As will any dividend you/he take.

And there are various posters who have found out to their cost that if the money "stays in the company" and they are not shareholders their (ex) DHs managed to keep everything away from them when their marriages ended.

[PetraDelphiki]

Gah link fail!!

www.cheltenham.gov.uk/site/scripts/download_info.php?downloadID=267&fileID=659

[Playnicelyforfiveminutes]

Thank you I will show him this....yes makes sense, Otherwise everyone would set up their own company surely. So you think that although plain WRONG, it's somehow still legal to claim government benefits this way? Bloody hell! That's what I call a benefits scam : / wtf?!

[lastnightiwenttomanderley]

OP is he a chartered engineer..? If he is deliberately playing the benefits system (I'd be surprised if there isn't a rule that prevents this) then he runs the risk of being booted out of any professional institution if he has been found to 'bring the profession into disrepute'.

[Playnicelyforfiveminutes]

That's right he got his chartership during the recession. He is very uptight and by the book kind of guy, so I know he wouldn't break any rules. He is one of those sensible law abiding types. I have just asked him and he says his accountant told him it was legit and perfectly ok to claim from the government this way.. If that is true, then surely it would be common knowledge and in the papers all the time? "Millionaire CEO claims income support scandal" I can't believe people do this..

[balletgirlmum]

I'm assuming that you will be employed on minimum wage by the limited company but also be a director & therefore get dividends.

Perfectly legal, very common & saves on some tax & NI (the company pays corporation tax on the profits rather than yiu pay normal tax & NI