to think this is a total pisstake and turn the job down?

[WaterGypsy]

Was offered a job as a CM assistant months ago by an aquaintance. Had to do 1st aid course, CRB check etc.

Have just been informed that I can start next week as the paperwork is all back. Apparently I need to register as self employed, and am then expected to do 2 school runs and a nursery run, plus trips out to soft play, parks etc in my own car and 'claim the fuel back'. All for the princely sum of £5 ph. Apparently 1/2 mile each way is too far for the 4year olds to walk to school. It is probably also worth mentioning that I walk almost eveywhere as my old banger is on her last legs and when she goes I won't be able to replace her.

Is this legal? Will my insurance cover me to do this? And most importantly is it even worth it? She also wants me to fork out 40 bleeding quid for 2 printed work shirts!

can you not take it but look for something better as £5 per hour is better than no pound per hour and it is usually easier to get work when in work rather than unemployed.
But no way would i pau for the tshirt. If she wants you to wear one then she should provide it for free.

So you are working in her home, using her equipement, doing what she says, wearing her t shirt and she thinks you can get away with being self employed? No she's taking the piss and trying ot get out of paying you min wage and employees NI etc.

Tell her to piss off

Set yourself up as a childminder and steal her customers. Get 2 or 3 children and charge £5 ph per child.

She would also be doing school runs, as we live in a rural area, lots of little villages. Would have been able to take dd with me, and it's only 2 days per week, but really don't think it's worth the hassle.

In her defence, she did pay for my 1st aid course, so I'm going to have to find £80 from somewhere to pay her back now. Ffs.

I'd have sucked up the low pay, because it would have been so handy, but expecting me to use my car each day, at my own expense, for school runs that could be walked, plus the soft play/days out etc is taking it a bit far IMO

My husband is a contractor, he just works for one company on a rolling contract. His choices were to either set himself up as a limited company or join an umbrella corporation. We couldn't be bothered with accountants etc so he just joined an umbrella corporation and they sort all his tax, expenses etc out. He can claim mileage for his commute and any other work journeys, and can claim back the cost of lunch (and other meals depending on what hours he works.). By "claim back" I mean they take it off his tax bill.

I think this lady's taking the piss and fear you would soon regret it if you went along with her.

And as someone else said, being self-employed won't help with a mortgage application either, if that's your main reason for wanting the job.

lol at steal her customers.

Go on, do that.

You may as well just register as a childminder and go it alone.

I agree with TheCrackFox

You would not be self employed. There are rules about that - to stop people doing exactly what she is trying to do! She would be in hot water if you reported her, I'm sure.

You aren't self employed if you don't set your own fees, for a start. here

I am more scandalised that she is planning to charge 40 quid for 2 (probably ghastly embroiderded polo top) work shirts.

Go and piss on her geraniums, the cheeky article.

Water did she tell you all these conditions-using your own money for petrol etc, before or after the first aid course?

If it was before then yes, pay her back her first aid money, if it was after then no way would I pay it all back.

However, after saying all that if you do want to set up on your own, you will have to go through lots of paperwork with OFSTED. You can't just set up as a CM without going through all this red tape, courses, inspection of home etc.

I agree that you would bne as well registering as a childminder yourself!

Why dont you post this on the childminding baord and see what childminders themselves think about this before deciding?

Not only is she paying an illegal amount, she is also denying you the right to paid holidays.

I would say that I'll take the job as paid employment if it adheres to current regulations - ie minimum wage and 5.6 weeks paid holidays per year.

If that's not on offer, then say no thanks - and as your request is entirely reasonable, I would not refund the money she has spent.

I don't want to set up on my own, a couple of days per week would have been great, but not full time!

I knew about the low pay, but not the petrol/self empolyment before the 1st aid course. Her previous assistant didn't drive, so I assumed I would take on her role of walking the kids to school. Apparently they didn't have any 4 year olds then though.

I don't mind using my car if she covers the cost, and have told her so, but she won't budge, she says she can't afford to do so. :(

Further to Hecate's link here is the HMRC Employment status checker tool, I've found it very useful.

You can work for one person when self employed, set yourself up as a limited company contractor, and you would pay less tax that way.

Thats under review as it's a known tax dodge. It was subject of a radio discussion, you would have to have more than one stream of income under pending legislation.

Get Orf...embroidered? Oh no. They are of the plastic iron on logo variety. The sort of logo that peels off in the wash. No doubt the set up cost for the printing has been passed on to me as well!

Can I just say, don't know how to provide links but there is an employment status indicator tool on the hmrc website. There are a number of determining factors as to whether the hmrc consider whether you are self employed or not. The key thing is the control you have over when you do your work and whether you can send someone else to do it if you can't (substitution). If you cannot do those things then you are an employee. As a lot of people have said there is no strict legal definition but it is a good start point for anyone in this position. Recently a dancer who worked for Stringfellows was in this very position (ie paying fees to work but expected to work at one place when told) and took them to court about this and won. Anyway, its a useful tool if anyone is interested.

Sorry cross posted with Hecate, she's much wizzier than me

I don't think they have got as far as legislation have they Jumping?

I know the BBC have recently been in the news for insisting a lot of their workers set up a Ltd company, but I don't think the govt have actually thought about bringing in a new law about it.

And Wyrd mother

No, but it's in the pipeline.

It's been brought about by a number of factors: MPs paying their family members, s'lebs with one contract (ie BBC) etc etc - where it shows one stream of income.

But back to the OP - your mate is royally taking the piss. Go qualify as a CM in your own right. It would be hell working for her.

She's a piss taker. 'She won't budge'. 'She can't afford it'. Then she doesn't get it. Tell her NO right now and that you do not appreciate being taken advantage of and get a CM assistant job with a proper employer.

Also have you signed anything to say that you would pay her back for the first aid course if you couldn't take the job or if something otherwise happened to prevent you? Did you agree anything verbally? If not I definitely wouldn't pay her back and as she is just as much to blame for not explaining the full terms and conditions as you are for not checking I still wouldn't pay the whole amount (not having a go at you, just saying that would be my argument in your position), maybe a maximum of a half? It's a useful qualification to have.

Lovelynewboots Great minds and all that.