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Original poster

Advice needed. DN worked over summer ‘cash in hand’ and owner won’t pay now.

85 replies

NaturalBlondeYeahRight · 15/09/2025 17:45

This is all news to me. I knew she had a job at a local shop in her village while home from uni but didn’t know it was cash in hand. The owner has other employees. Worked for six weeks straight and is owed over £1000. Now she has finished to go back and he is ignoring her texts and calls. Don’t want to go straight in with threat to report them just in case but we don’t have much option do we? Anyone come across this kind of thing before. She is relying on this money. A lesson had definitely been learnt but what would you do?

OP posts:

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RuttleTuttle · 16/09/2025 18:07

LarkspurLane · 16/09/2025 10:57

Both my DC did paper rounds as did many of their friends. They were paid in cash each week. They were way under any threshold for paying tax, and under 16 in any case, presumably the paper shop did what they needed to do to fulfil their legal duties.
They also did a small amount of catsitting for cash.

In what way do you think a young person getting small amounts of cash is dodgy?

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So you think that more than £1,000 is "small", do you?

RuttleTuttle · 16/09/2025 18:09

SirHumphreyRocks · 15/09/2025 21:34

Of course it does. She has done nothing wrong legally in accepting that she would be paid in cash. It is up to the employer to ensure that the legal aspects such as NI, tax and pension (if applicable) are dealt with and the relevant authorities get their returns.

She also does not need to register for tax or do her own tax returns - she was clearly an employee and the responsibility lies with the employer.

This will feel awful for her, but a lesson learned early is one worth having. You never trust an employer. Luckily she is at university already and so has probably not realsied that she is a member of a union! The NUS. If he won't pay up - and he would be stupid not to do so - then if she contacts the NUS they will support her through making a legal claim to a tribunal.

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If she wasn't asked to supply her NI number, or other relevant details, then she must have known that what was going on was dodgy.

RuttleTuttle · 16/09/2025 18:14

HonestOpalHelper · 15/09/2025 21:20

Yes you can - you can be self employed, have one employer/client, work regular hours at the same location and do your tax return, it's not that unusual at all.

Entirely depends on what she agreed or signed - usually of course if you are self employed it is you, the "employee" who raises a monthly invoice stating hours worked.

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No, you cannot do that. Say hello to IR35.

https://www.gov.uk/guidance/understanding-off-payroll-working-ir35

Understanding off-payroll working (IR35)

Off-payroll working rules for clients, workers (contractors) and their intermediaries.

https://www.gov.uk/guidance/understanding-off-payroll-working-ir35

HonestOpalHelper · 16/09/2025 18:53

RuttleTuttle · 16/09/2025 18:14

No, you cannot do that. Say hello to IR35.

https://www.gov.uk/guidance/understanding-off-payroll-working-ir35

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Again I'll reiterate you can, many do, its entirely depends on your working set up - but you can have only one client, you can work regular hours for that client, as a freelance contractor.

Ineffable23 · 16/09/2025 18:56

HonestOpalHelper · 16/09/2025 18:53

Again I'll reiterate you can, many do, its entirely depends on your working set up - but you can have only one client, you can work regular hours for that client, as a freelance contractor.

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How do you not meet the IR 35 rules, is it because you would be entitled to send a substitute? Or because the client doesn't direct your work at all?

Because I can see it might be theoretically possible but I find I usually end up with them being employed for IR-35 purposes when I complete a CEST with the types of answers you are describing. I certainly can't imagine it would apply to a teenager working over the summer.

RuttleTuttle · 16/09/2025 18:56

HonestOpalHelper · 16/09/2025 18:53

Again I'll reiterate you can, many do, its entirely depends on your working set up - but you can have only one client, you can work regular hours for that client, as a freelance contractor.

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Not working behind the till in a shop, you can't.

Pharazon · 16/09/2025 18:58

Letstheriveranswer · 15/09/2025 18:12

She has plenty of time to register as self employed and file a tax return. The shop owner will be in much more trouble for taking her on and not paying NI etc, taking advantage of someone who needed work, and then not paying her. But she needs some kind of evidence.

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Why would she need to file as being self-employed when she isn’t? She can register as employed and pay class 1 NICs like anyone else.

LarkspurLane · 16/09/2025 19:06

RuttleTuttle · 16/09/2025 18:07

So you think that more than £1,000 is "small", do you?

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It's not a taxable sum, so yes, it's small.

Comefromaway · 16/09/2025 20:42

Technically, if an employer only employs people who earn below the lower earnings level, they don’t have to set up a PAYE system. They do, however, still have to provide payslips & if even one employee reaches that level, maybe because they have a 2nd job, then everyone has to go on PAYE.

And I agree totally about IR35. Many do it, but it doesn’t mean it’s legal unless the tests (self directed, financial risk, able to send a substitute etc) are all fulfilled.

SirHumphreyRocks · 16/09/2025 20:47

RuttleTuttle · 16/09/2025 18:09

If she wasn't asked to supply her NI number, or other relevant details, then she must have known that what was going on was dodgy.

Show quote history

It is up to the employer to ask for the details they require - including evidence of the right to work. Many employees, especially young ones, don't understand the world of work. After all, there a whole bunch of people "advising" on here that are getting it wrong, and they think they know! You are making assumptions not evidenced by facts.

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