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Original poster

Working from home

12 replies

Polbatti2020 · 25/05/2020 20:44

I have over 15 years of experience as a PA / Office Manager. I have just been told after 1 year working with someone that I am actually an Independent Contractor and not an employee (which I thought I was). I have a uniform, worked from time to time at his office and I manage others. Now that this has happened, I am in a bit of a panic as I am forced now to set up a company and take on the responsibilities of a contractor. I charge him £10.00/hour and he has given me the official post of Office Manager. Is this right? I am new to the UK so I am so scared and confused. I am not sure how much I should charge now that I have to consider taxes, insurance etc. Who can I speak to rather than an expensive lawyer?

OP posts:

Aubergined · 25/05/2020 21:19

I have just been told after 1 year working with someone that I am actually an Independent Contractor and not an employee (which I thought I was)

How have you been paid for the past year? Have you been given pay slips? Do the pay slips have tax and National Insurance deducted?

BrieAndChilli · 25/05/2020 21:35

You say you charge him - does that mean you give him an invoice? Could you if you wanted also work for other people?

Elieza · 25/05/2020 21:48

How was your post advertised? “PA wanted £18,000 per annum” or somesuch. And where, online?

How are you paid (cash, bank etc).

Do you get a wage slip with a breakdown of what it’s for? On the wage slip does it say Tax National Insurance (NI)? Does it have a tax code on it?

I’m concerned he’s bullshitting you and trying to get out if paying you what he should be. Please come back to us and let us know so we can help.

Original poster

Polbatti2020 · 26/05/2020 07:41

I did not have to pay any NI as I was under the threshold as he only wanted me working for 12 hours a week but sometimes it would be more.

I never gave him an invoice but a timesheet and he will pay me monthly.
I do not get a wage slip.
I had applied for the job which was on facebook and he was a friend of a friend. I was on probationary status for 3 months then I provided him with an employee contract which he asked if I could have drafted for him (which I did). He said he was to have a 'look at it', then after 6 months, I asked him about signing the contract and he kept on saying he would sort it out. After 12 months, I asked him again for my employee contract but when he dropped it off yesterday, it indicated Independent Contractor Agreement :( . So now I believe I have gotten myself in alot of trouble now.

By the way my area of expertise is administrative work - I have been doing Quickbooks (not qualified in) and Marketing (not qualified in) and I know these fields people will be paid loads of money and I am only being paid £10.00/hour. I was told by someone that this is substantial as I do not have 'qualifications' and I cannot demand more money. But I have worked as a PA for Executives of exceptionally large companies and I just wanted to downgrade so I can work around my home life and children. Sorry for the long message

OP posts:

Elieza · 26/05/2020 20:44

I think he’s a chancer. What rate was advertised on the job advert? Per hour? What does it say?

I think you’ll need to speak to the citizens advice bureau about this as I am no expert.

If you were an employee you’d be getting a pension, holidays and sick pay. I don’t know if you’ll get those with him on this new contact. I’d walk away. He sounds dodgy.

caffeinebuzz · 26/05/2020 20:58

If an employment contract was exchanged and he continued to pay you while you worked on that basis then I'm pretty sure it is taken as being agreed despite not being signed.

That would be valid until yesterday when the new contract was given to you, at which point I think those would become the new agreed terms unless you object - which I would make sure and do in writing ASAP.

He can't retroactively change the understood terms of employment for the whole of the past year!

Speak to the citizens advice bureau. Some of it will come down to the wording of the contract you originally proposed, but I'm pretty sure he's the one who will be in hot water for not meeting his obligations as an employer.

KellyHall · 26/05/2020 21:01

Speak to ACAS for employment law advice

Original poster

Polbatti2020 · 26/05/2020 21:53

Thanks guys I spoke to Acas and they were very helpful. They said that what he is trying to do is have me as an employee as well as a contractor. he wants to not pay the benefits so has me as a contractor but I cannot source other work as a Contractor that he wants me to be. I was advised to speak to the HMRC tomorrow. I think it is my fault as that is 1 year wasted but i guess lesson learnt right. Thank so much everyone for your advise. Fingers crossed I make some headway tomorrow. HOpefully i do not loose my income over this :(

OP posts:

Elieza · 27/05/2020 17:56

Glad you’re getting answers OP. He sucks big time. I hope you get it sorted out and get good news. Have you interviewed for any other jobs lately that you or they may have written off at the time it may still be a possibility?

Original poster

Polbatti2020 · 27/05/2020 18:47

Thanks @eleiza i have not looked at other jobs but I am changing my mind to go and do that. i do not want to be taken advantaged of. i am gutted as we have such a great relationship and he said he would not be able to pay me more should i officially become a contractor :( . He is not understand the costs I will now be responsible for if i do become an independent contractor :( I am scared to call HMRC for fear of getting myself in any trouble.

OP posts:

JasperRising · 27/05/2020 18:57

When you say a year, do you mean you started work in May 2019? If so, I think you still have time to register yourself for self assessment in order to do a tax return for 2019/20 (which isn't due until end January 2021). So, I wouldn't be worried about calling HMRC.

Hopefully, he will be the one to get in trouble as he is blatantly trying to get out of his responsibilities as an employer. And, if you did decide to work freelance ie: provide PA services to multiple you should be charging more than £10 pa because you have to cover NI, tax, holidays, sickness out of the fee your charge.

Elieza · 27/05/2020 19:30

Get down to Pertemps and sign up with them in the meantime.
They have the temp contract for government PA and other administrative jobs. If they see anything suitable for you it could do you just now especially if it’s a year contract to cover maternity leave or something. That would give you ages to search for a job.

You should speak to HRMC. ACAS told you’re to so they will be right as they know about these things. They will know you’re not at it and the company is at fault. Who else would expect to get only £10 an hour for a self employed contractor, nobody, they’d expect more than that. That’s even a poor rate for an employee. If you earn under a certain amount you don’t pay tax so don’t worry about that. You just need to get away from that boss and his company as they are chancing bastards.

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