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Does anyone know the law around uniform?

19 replies

Hoohaahoo · 05/09/2020 08:59

I’m a freelance cleaner and the woman who organises my cleans would like me to wear her uniform. This is fine, she provided me with a T-shirt with her logo a while back and I am happy to wear this.
Recently she has started charging others for the uniform. She’s now told me she would like me to wear a fleece and has bought me one, but I’m wary about her docking it from my wages when I go to collect.
Is she allowed to do this? I get paid just above minimum wage and use my own materials, pay for my own insurance, transport etc.

OP posts:
VainAbigail · 05/09/2020 09:03

A fleece that you’d take off while cleaning? And only possibly have on in between calls IF cold?!!

Logic?!?!

ivfbeenbusy · 05/09/2020 09:04

There is no legal requirement for employers to pay for your uniform unless it's PPE safety uniforms - most just do it as part of the "employee benefit"

As you are self employed you can claim the cost of the uniform when you do your tax return

Hoohaahoo · 05/09/2020 09:04

If she provides it free of charge I’ll wear it but I don’t want to pay for it! It would take my wages way below minimum wage when you take everything else in to account.

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SnowsInWater · 05/09/2020 09:05

Unless you agreed to wear and pay for a uniform as part of your original agreement then no, she certainly can't make you pay for a fleece. From what you say about paying for your own insurance it sounds like you are self employed so wearing a uniform is totally at your own discretion anyway. Obviously wearing something provided saves your own clothes but don't pay for them!

tiredanddangerous · 05/09/2020 09:08

I had jobs in the past where I had to pay for uniform or had it deducted from first months wages. It was in my contract though, and I knew about it before I accepted the job. I very much doubt she can just start charging you for it now.

Justpickaname · 05/09/2020 09:25

I had a job where I had to pay for my uniform, however, if you left the company, they refunded the fee

Justpickaname · 05/09/2020 09:26

Posted too early.... they refunded the fee if you gave back the uniform

tornadoalley · 05/09/2020 09:26

You can get a tax rebate if you wash your own uniform.

Hoohaahoo · 05/09/2020 09:29

Can you claim it back if you don’t pay tax still? I earn below the tax threshold.

OP posts:
Hoohaahoo · 05/09/2020 09:32

Thank you for the advice Smile

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Elieza · 05/09/2020 09:56

When you claim back tax is it not deducted from what you already pay?

So if you don’t pay tax they can’t take a tenner if it (or whatever) metaphorically and give you it back?

So I don’t think you can get the money back.

Sounds like she wants free advertising for her company while you all are self employed.

As you say if you want a free uniform take it if you get it free. If not she can do one.

Northernsoullover · 05/09/2020 09:59

It sounds like she wants to employ you but without the hassle of it. Are you genuinely self employed? Do you choose your own hours? Do you have the right to send a substitute cleaner in your place? Do you work for others or exclusively her clients?

WaffleCash · 05/09/2020 10:00

It sounds like you're not really self employed if someone else arranges your work for you

Hoohaahoo · 05/09/2020 11:11

Ok thank you, if she tries to charge me I won’t accept it.
You’ve hit the nail on the head Northernsoullover. It fits with my lifestyle at the moment but it’s not something I’d want long term.
I just don’t want my wages docked if I don’t have to!

OP posts:
Yoholyolo · 05/09/2020 11:18

If you're below the tax threshold, then no you can't get anything 'back' from HMRC as you aren't putting anything in. If you start paying tax, then uniform costs and cleaning could be deductible from the amount of money you pay tax on.

As said above:
It sounds like she wants to employ you but without the hassle of it. Are you genuinely self employed? Do you choose your own hours? Do you have the right to send a substitute cleaner in your place? Do you work for others or exclusively her clients? The fact you use the term 'wages' isn't a good start.

The most important bit of this in reality, is do you have at least a couple of other customers? (3 or 4 would be a comfortable minimum)
If you don't, you're at best a subcontractor, or working off payroll, not self employed, and if I have this right, these days it's the employee who turns out not to be self employed who gets fined, not the employer!
The fleece may be the least of your concerns.

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

Yoholyolo · 05/09/2020 11:20

PS; in case you don't know, even if you're under the tax threshold you still need to be registered with HMRC and either paying or deferring your NI contributions. Strongly advise you to pay them if possible, it gives you both unemployment and pension contributions.

senua · 05/09/2020 11:26

Are you freelance or employed? You go from "I pay my own insurance" to talking about "my wages".
Why on earth are you working for this woman for practically-minimum-wage? Have you not seen numerous threads on MN about "I can't find a cleaner for love nor money" or "I pay my cleaner £20ph". Go properly freelance!

BlueSlice · 05/09/2020 11:27

I’m not sure you’re self employed. There’s a form on the Gov website that’s like a quiz and at the end it tells you if you are or not (and tells you about paying NI etc). I really strongly suggest you put aside an hour or so and go and look everything on the Gov website about it.

topcat2014 · 05/09/2020 11:34

Wouldn't meet the tests of self enjoyment, to my eyes.

Especially not wearing her branded clothing.

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