Fuckity fuckity fuck

[Sobeyondthehills]

DP was on a 16 hour contract last year, got it up to a 20 hours contract, this meant we had a certain amount coming in and I could budget according to that.

He is also worked a shit ton of overtime, after Christmas this came down and eventually went down to his contracted hours of 20, in the company they did something which meant his hours fell down by 10% , to be honest we were struggling on his basic hours so this has meant we are in shit.

DP found a job, which is less hours, more reliable hours (he use to work shifts) but is cash in hand. I did try and argue how fucking shit this was, but you know he knows better. I also explained how having quit his job, this job without some form of a contract or anything else would mean that if it all goes tits up he wouldn't be able to sign on for 6 weeks.

DP in his wisdom ignored me accepted the job and is doing half and half but he has handed his noticed in, last day is Saturday.

Last week, at the cash in hand job he worked 4 days, he was meant to get the money on Wednesday and we have no news about it, I am going to either make him phone today or go down there but already this is shit and exactly what I warned him about.

is there anything we can do? I don't think his employer will have him back but it might be worth considering

He's not self employed, he really needs to go back to his old employer or find another job.

Bet you're sorry you posted op. Your DH has been stupid. I guess he thought he was doing a good thing but it backfired. I would be raging with him too. No great advice, sorry.

Nop not sorry, didn't think I would get the roasting I have done, but something has been bought to light I didn't know, which makes the situation worse than I thought

HMRC's Rules for Self Employment -

they’re in business for themselves, are responsible for the success or failure of their business and can make a loss or a profit - he is not running a business
they can decide what work they do and when, where or how to do it he is given set hours
they can hire someone else to do the work could he send you to do the job for him?
they’re responsible for fixing any unsatisfactory work in their own time ??
their employer agrees a fixed price for their work - it doesn’t depend on how long the job takes to finish has he agreed a rate, and invoiced them for work carried out?
they use their own money to buy business assets, cover running costs, and provide tools and equipment for their work ??
they can work for more than one client ??

what work is he actually doing?

floribunda18 your cleaner works, presumably, for several people and could also choose not to clean for you one week

@floribunda18 but your cleaner doesn't only work for the same person, she will have a number of different clients.

@EatingBreadAndHoney

Give it a fucking rest will you? What a sanctimonious post.

You're attacking the op who by the sounds of it has had very little say in this situation. That make you a cunt of the highest order.

OP, get him to send the manager a text or email requesting his payment of £xx by xx date. Make it really clear. You want it in writing so it can be used as evidence. (A registered letter would be even better but might take too long)

You OH needs to go back to his old employer and see if they'd take him back.

Exactly Q- my point was that the same hours week in week out is not the test, but the choice of hours. She could say "Next week, I'm coming at 12pm on Wednesday instead, ok?" I am agreeing with your post on HMRC rules.

If he's self employed surely he needs to have written agreement for the work so he can invoice them?

He needs to go back to his old employer and beg for his job back. Failing that he needs to get onto job sites today and start applying for roles, cash in hand jobs are notoriously dodgy and provide no employee protection. I hope he learns from this in future and sticks with a secure job.

Not much advice sorry, but what shit situation!
I hope you are claiming all the benefits you are entitled to, check here : turntous.co.uk. They have a calculator and a page which shows what your entitled to. The govt, not you created this situation.

Have YOU thought of claiming the benefits yourself if your hubby isn’t working, it might be faster to call ctc and for immeasurable adjustments.

Good luck, no one deserves to live as you are, no matter what the reason xx

Very hard trying to ascertain his position. When you say he " won't " invoice, do you mean he doesn't want to deal with invoices, or that it has been agreed that he he will be paid without an invoice?
It's sounds on the basis of what you have said that he may not actually be self employed, just described as such by the employer . Some dodgy employer s do this to save themselves time and money.
Has he asked for payment, does he have arrangement with them about being paid? Or is he just assuming?
Whichever, you are right in that he needs to contact them immediately , and that the whole set up sounds dodgy, so that he is best asking his old employers if he can stay. And then look around for something else if the hours are sh ort, but from a position of at least getting paid.
Not sure why some people are being so unpleasant to you, you've made it very clear none of this is your fault and you are here asking for advice on how best to improve things. Your Dp has clearly fucked up, but with good intentions. He is obviously not workshy, and you would not be enquiring about access to benefits if your situation was not so precarious.
I don't know about benefits so can't advise you that, but agree that his new job does not sound a reliable source of income.

If he's self employed surely he needs to have written agreement for the work so he can invoice them?

He's not self employed, and OP said he "won't invoice", so they're up shit creek (and he's dragging her down with him).

OP, hopefully his old work will give him his job back. If not, I guess he's got to go out door to door as it were with his CV. Can he trawl through the local town etc? My SIL ended up having to do that last year but luckily a lot of places advertise int he shop window rather than online so she was able to find something within about four hours.

I’m not qualified to hold an opinion on the tax/NI/self employment issues, OP, but I’m concerned that you seem to be financially dependent on a very unreliable earner.
Do you have a career yourself? If not, I think in your position I’d be seeking secure, regular, well paid work as a matter of urgency. Your DH might be more use at home providing child care if you have DC, than he seems to be in the workplace.

*He is not self employed if he's not invoicing them, if he's working for the same people doing the same hours week in week out. That's false self employment and HMRC don't look kindly on it.

Can you explain that a bit more if you don't mind?*

HMRC have been clamping down on people who claim to be self employed but aren’t really, they are avoiding paying tax by claiming to be self employed.

You need to do the online checker, I suspect from what you’ve said he would be classed as employed not self-employed.

www.gov.uk/guidance/check-employment-status-for-tax

Gosh @EatingBreadAndHoney aren't you a delight? Not to mention a bit hard of understanding

@Sobeyondthehills you need to give him the hairdryer treatment until he comes to his senses and finds another PAYE position. This current set up has disaster written all over it. Is the job market tough where you are?

Longer term, you have a DH problem you need to address.

Ok, well "cash in hand" is a term used when one person pays another person off the record, no invoices or PAYE, and the transaction is not declared to HMRC. So, stop throwing that term around unless you want your partner investigated.

As pp have stated, HMRC are clamping down on sole traders who should be employees, so that's another thing to consider.

Can you or he really not find a job between you? Bar work, retail, temping?

@Babdoc raises a good point.

If he isn’t invoicing he can’t prove his income to the tax man. You can’t just put money aside and decide what to pay.

He’s tried to be clever with gaming the system. He needs to swallow his pride and go back to his contracted employer to rescind his resignation.

Have you got more chance of getting a job than him whilst he stays home and minds children?

X post with Babdoc.

It is a tough job market, which is why I am so mad about him leaving, what was a regular job.

Yes his hours have been cut, and yes we would be struggling, but we would have enough to pay the rent. Now I can't even say that.

Money wise, I am on not reliant on him, but its a ten year relationship so would take a while to untangle.

DS is school aged, so no real childcare, but I am classed as disabled and receive the benefits, and to be honest the medical professionals involved with me are gearing up to start supporting me in a work environment, which is still going to go ahead but there is now more pressure, which I really didn't need.

He’s tried to be clever with gaming the system.

I don't think he is trying to be clever with it, just has a very simplified version of the system, well that is what I am choosing to believe at the minute

@Sobeyondthehills some right nasty fucks on here. Sorry for what you’re going through, I’ve got no advice but I hope it all works out. Chin up and ignore the cunts, they’re lives are boring as hell

*Their - for the grammar pedants 😉

I don't think he is trying to be clever with it, just has a very simplified version of the system

What do you mean by he “just has a very simplified version of the system”?