AIBU to ask my ex brother in law to properly employ my son

[CreamolaFoamless]

My eldest (18) is a student but has quite regular work at his uncles coffeehouse.

I found out last week that it is all cash in hand so no tax or national insurance being paid

I mentioned to ds1 that it his work....however casual , should go through the books

He's stated that BIL does this and it's easier to pay someone cash in hand?

DS also thinks if 'tackle it' and suggest BIL puts him on the books , it won't be worth his while having him there?

My son is getting work experience and a refernece and pay .......the business is family owned (on my ex husbands side)

Is it better to ignore it or say something ?

*began

*walked

and how the fook does he need to register himself as self employed !!! I'm still trying to get my head round that one

he is not self employed........someone gives him £50 when he leaves

It's basically a choice of three options:

1. Stay on casual work, off the books, illegal technically but not going to be investigated is it, but with no NI, insurance etc.
2. Cause a shit stir by demanding to go on the books as an employee and get sacked.
3. Register as self-employed even though he obviously isn't as a technicality so he gets NI contributions covered and some record of his having worked.

Surely if you are old enough to have an 18 yo son you understand that you just play along with things even when they don't make sense due to Kafkaesque tax system?

Company I use to work for had a few employees paid this way, the cleaner and a handy man/ driver, although their wages were never over £100 a week it still went through the books and they got payslips, they didn't earn enough to pay tax etc and i'm pretty sure it went down in the accounts as causal labour. Don't know if this is legal or not!

No he should get holiday pay if he is on PAYE it is based on the amount of hours worked in the previous 6 weeks,so he accrues holiday pay dependant upon the hours he works, thats also a legal requirement.

Only those who are requested to do so and those who are self-employed fill in tax returns. It does not apply to your son.

To be honest you are making far of this than there is, leave it as it is and keep your nose out.

He is not self employed toddlerama

His uncle tells him where/when/how he works so this would not be classed as self employment.

He should be on the books as a casual worker or even on a 'zero hours' contract so no skin off uncles nose (as it were) and no tax and ni implications if below threshold

he can't register as self employed, because he isn't self employed - he doesn't decide where and when he works, he uses the business equipment, he doesn't substitute someone else if he does't work a shift.

Toddlerama is wrong I'm afraid. There is no way he can be called self employed ( see HMRC website for details of self employed versus employed).

And the responsibility for not deducting tax etc is the employers not the employees.
Ps I am an accountant.

Ay - keep your nose out. He is 18, let him handle it himself. No reason to go mollycoddling just for the sake of it, eh?

I think this is were I get confused WibblyBibble

It's because it's his Uncle ....it almost seems like he's giving him pocket money , if that makes sense

If there wasn't a family connection it would be easier