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AIBU?

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Dishonest mothers help or am I to blame?

77 replies

Newmama2222 · 18/09/2026 17:57

Hired “mothers help” on a temp basis. We agreed on self employment. After being sick she is now requesting almost full pay for the days she was sick ,hol pay and pretending we agreed she’d be an employee. She’s been sending her hrs at the end of each week and I’ve been paying net with no deductions.
i am not against setting her up as an employee / worker but I now feel I’m lacking in trusting her as she’s been taking the over payments under the agreement she’d do her own taxes and now is pretending she thought I would do these my end on top. She’s also pressuring me to pay her almost full wage for the days she’s had off this week. She is already employed by another family and I know full well she was working there FT while not with me this week. Feel like I’m being taken for a ride AIBU?

OP posts:
StMarie4me · 19/09/2026 18:50

PollyBell · 18/09/2026 22:26

Isnt the op doing something against the rules also?

The OP has absolutely broken the law here. Do you not realise, OP, that everything you are saying are what a people trafficker/ modern slaver would say?
People can work what hours they choose if they are self employed. If you have ever, once, told her what hours she needs to work for you, you are falling foul of the law, and evading pension and Employer’s Nat Ins.

Newmama2222 · 19/09/2026 11:37

Thanks everyone, she has another family who employ her, so she told me her avail and that’s what it is. She often leaves early to get to her other family, before the end of the agreed session, and the length of session has changed now and again depending on when she’s wrapped or if she has something else to get to.
Her CV and messages told me £21 per hour gross, she followed up on text to tell me this and is now claiming she understood I would be paying her over this plus covering her taxes NI etc. so basically over £30 an hour which is not what was agreed ever and is extremely unrealistic for the job. I had to stop her doing laundry as she doesn’t even separate whites darks and colours but she’s otherwise organised.
she doesn’t invoice but she sends me her hours at the end of each week. When I checked HMRC CeST tool it was inconclusive. What I do not like is that she agreed so much verbally and is now writing to me changing the story, it makes me question her credibility and has eroded my trust. I am in a rented flat and a few elements have been damaged, that were not me and no one else was in the house. When I ask her I’m met with “no idea” and now I’m certain that’s a lie.
She never gave me her P45/NI number or any thing as she was going to be self employed. Now she’s pretending as if we always agreed she would be added to pay roll etc and is asking me to pay her full days for her 4 missed sessions this week due to sickness and to cover her holiday in a few weeks, I don’t even think she’d be eligible for that if she was an employee! She’d get statutory sickness and maybe one holiday day covered. I feel very weird about the whole thing but have a bad feeling if I end the contract now she will do something nasty to get back. I’d be happy to end here and draw a line under it but I’m not convinced she will. I will check with HMRC and I’m also waiting on advice from nanny tax. A very odd situation all round

OP posts:
maggisimpson · 19/09/2026 10:50

JeatherLacket · 18/09/2026 22:35

Is it any different to having a cleaner or a gardener? What is the OP doing wrong, you wouldn't set yourself up as an employer just to have a cleaner

My cleaner tells me when she is available, charges me what she wants, and brings her own equipment.

An employee at Tesco works when Tesco tells her what her shift is, is paid what Tesco chooses and uses Tesco's equipment to do the work as they instruct her to.

maggisimpson · 19/09/2026 10:47

Call HMRC, tell them the terms and conditions the mother's help was working under eg who set the hours, set the wage, provided the equipment, decided how the job was done - they will tell you if she is employed or self employed.

Employment status isn't something the employer or worker just chooses, it's based on the actual job.

Redflagsabounded · 19/09/2026 02:03

I'm pointing this out for a reason, not to be pedantic. You e got gross and net pay the wrong way round. Gross is pre deductions, net is what's left after tax, NI, pension etc. if you've put anything in writing by text for example that you've been paying her net, then yes, she's got a strong case for you needing to now sort out her tax etc on top of that.

You would never agree a net pay amount with a self employed person as it simply doesn't work that way.

You may have inadvertently established her as your employee and as such you are responsible for sick pay, holiday pay, tax etc.

PollyBell · 19/09/2026 01:30

JeatherLacket · 18/09/2026 22:35

Is it any different to having a cleaner or a gardener? What is the OP doing wrong, you wouldn't set yourself up as an employer just to have a cleaner

No idea i don't know the ins and out of employment or tax or other relevant laws, if relevant, i guarantee there will be experts on here who do

ComfortablyUneventful · 19/09/2026 01:18

Newmama2222 · 18/09/2026 18:04

@VeneziaJ no contract, hardly anything in writing. She is now pretending we agreed a higher day rate and that she expected over her gross day rate as net (I paid her tips as well so over her gross hourly rate) really feel so shocked. Am I f*d with no contract?! She sent me her hourly rate over message and I never said anything about payment her over this.

If you thought she was self employed she should have been providing you with an invoice each week.

wheresthesnowgone · 19/09/2026 00:07

If she's your employee did she forward her tax code / P45 on commencement of employment ?

Lunde · 19/09/2026 00:02

JeatherLacket · 18/09/2026 22:35

Is it any different to having a cleaner or a gardener? What is the OP doing wrong, you wouldn't set yourself up as an employer just to have a cleaner

Usually with a mother's help it is employment because the employer sets the hours and terms ie 8-12 or 3-7 etc when they want the help. Whereas with cleaners/gardeners they will say "I can fit you in on Monday at 10 or Thursday at 3" etc,

Usually for self-employed childcare HMRC want you to have 3 clients or that you do a short term contracts - ie maternity nurses that work for 6 weeks and move on to a new client.

Oxo01 · 18/09/2026 22:53

VeneziaJ · 18/09/2026 17:59

I hope you have a written contract in case she decides to get nasty with HMRC?

And any text / emails of any

conversations / agreements you had from the start.

JeatherLacket · 18/09/2026 22:35

PollyBell · 18/09/2026 22:26

Isnt the op doing something against the rules also?

Is it any different to having a cleaner or a gardener? What is the OP doing wrong, you wouldn't set yourself up as an employer just to have a cleaner

Lunde · 18/09/2026 22:30

PollyBell · 18/09/2026 22:26

Isnt the op doing something against the rules also?

yes - this is the danger for OP

Lunde · 18/09/2026 22:29

Credittocress · 18/09/2026 18:00

Pay her off. Cut ties. Report her to HMRC.

That would likely cause huge problems to OP as it sounds like she is an employee - you can't just choose self employed status unless the mothers' help can choose her hours - so OP could be guilty of non running payroll and not paying employers NI.

JeatherLacket · 18/09/2026 22:29

Brummyhelpplease · 18/09/2026 21:55

If you have no contract, she has no contract and the verbal agreement is not worth the paper it is written on. Send her a final note on her payslip stating that she herself should be paying her taxes as a self employed person, pay her anything she is owed and tell her you no longer need her services. If she kicks off remind her HMRC will need advising as will the other family she works for.

Certainly dont send her a payslip, she's not an employee

She's not going anywhere near HMRC, I wouldn't worry about that, tell her you dont need her services any more and be happy you've had a lucky escape

What did you give her tips for OP, that's not a thing for childcarers is it?

PollyBell · 18/09/2026 22:26

mybiggreenfrog · 18/09/2026 18:29

I suspect, if you check with HMRC, she is not entitled to be self employed.

Isnt the op doing something against the rules also?

NormasArse · 18/09/2026 22:25

Have I misunderstood that she was claiming to be sick whilst working ft for another family?

NotAnotherScarf · 18/09/2026 22:19

Why are you worrying about this. Imagine your working for Tesco's. You agree 25 days holiday and a salary of £20k....then you try to take 30 days and complain to head office you've not been paid £30...they would laugh at you and kick your butt out of the door.

You agreed a price. She's been getting that. Now she wants more. Tell her to jog on... heres the money I owe less the time you were sick... good luck taking any action against me as I'm sure HMRC will be very interested in the fact you never provided your NI number or any details for tax purposes if you thought you were employed

Brummyhelpplease · 18/09/2026 21:55

If you have no contract, she has no contract and the verbal agreement is not worth the paper it is written on. Send her a final note on her payslip stating that she herself should be paying her taxes as a self employed person, pay her anything she is owed and tell her you no longer need her services. If she kicks off remind her HMRC will need advising as will the other family she works for.

Pinkflamingo10 · 18/09/2026 21:07

Cut all ties. She’s far too much trouble already.

mybiggreenfrog · 18/09/2026 18:29

I suspect, if you check with HMRC, she is not entitled to be self employed.

LOCOJDS · 18/09/2026 18:09

Get rid, I wouldn't trust her

Newmama2222 · 18/09/2026 18:04

VeneziaJ · 18/09/2026 17:59

I hope you have a written contract in case she decides to get nasty with HMRC?

@VeneziaJ no contract, hardly anything in writing. She is now pretending we agreed a higher day rate and that she expected over her gross day rate as net (I paid her tips as well so over her gross hourly rate) really feel so shocked. Am I f*d with no contract?! She sent me her hourly rate over message and I never said anything about payment her over this.

OP posts:
GertrudePerkinsPaperyThing · 18/09/2026 18:02

Just cut ties with her. If she’s working for another family she’s clearly not your employee - have you got any evidence of this?

Do you have any messages or WhatsApp to back up what you’ve said about self employment?

Just thinking if she does decide to cause trouble with HMRC - but then she shouldn’t do as she is the one working elsewhere!

IronEverything · 18/09/2026 18:02

I'd sack her. Wouldn't have such a sly and dishonest person in my home. She seems work shy anyway so you'll just be speeding up the inevitable.

Stompythedinosaur · 18/09/2026 18:01

What does your contract say? I'd stick to that.

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