Shop saying I'll be self employed

[Amiselfemployeed]

Posting here for traffic, hoping someone can help.

I've been offered a job in a shoe shop in my town. Independent shop, not a chain. It's super convenient for me, the only thing is the owner said I would be self employed.
I'm a bit confused because this doesn't sound right to me, my hours and pay are set - not chosen by me. So it seems like I'm an employee just without the benefits such as holiday & pension?

Can anyone help weigh in on this? I'm a bit confused

You can use this to check whether the government would consider you self employed (not likely) and as a basis for discussion with the company:
www.gov.uk/guidance/check-employment-status-for-tax

There's some info here:

www.acas.org.uk/checking-your-employment-rights

Unless you are about to be destitute, do not take this job. You’re right, this way you won’t be entitled to annual leave, sick pay, notice etc etc as PAYE are.

What an absolute cheeky fucker of an employer.

I can't think of any way that this is legal. Sounds like they're just trying to get away with not providing legal benefits like pension or paying employers' NI. As a broad rule of thumb if you are self-employed / contractor you should expect to get at least double the hourly rate of an employee to cover the additional costs you are meeting yourself. I think this would be a big red flag - if they're willing to break laws like that I wouldn't bank on them paying you for the non-employment you don't have

They are breaking the law. Don't touch it with a bargepole. Chancers

Could you report them to trading standards / HMRC? This doesn't sound legit

They're taking the piss.

So say 'ok, I will work xyz hours and you will pay me ££ per hour' and see what the response is.

When they say 'erm no' you say 'well then that's not self employed is it?'

If they want a freelancer, they can pay the prices for that, if it helps, I charge (And get, thats the important bit) £36.50 an hour.

They are breaking both employment law and tax law by the sounds of it. Anyhow they are taking advantage. Don't work for them, sounds like they don't know how to treat their staff fairly and legally

If you are self employed you will need to pay your own NI Contributions, Accrue Holiday Pay for yourself for when you take time off and maybe you need Public Liability Insurance. You may also have to prove that you are self employed in having more than one place of work. So therefore you need to charge an hourly rate that incorporates all of the above and more. That is just for starters.

I think they are trying to pull a fast one.

If you're self employed, you set the hours and rate of pay.

Ring HMRC and ask for advice

they're trying to avoid NI, pension, sick pay, holiday pay....

Nope.
They are breaking the law.
Phone HMRC and ask them. 😈

I'd ring HMRC me.

What pay are they offering out of interest? They're pulling a fast one.

I would take the job - to report them as soon as I have proof of the illegal contract. Cheeky fcks.

Can I put bets on that it’s minimum wage?

I would walk away they are breaking the law.

Had a follow up today and you guessed right, it is minimum wage. When I questioned why this was a self employed position, they said they ran a business before and employed people but doing the tax, ni pension etc was too much hassle.

Too much hassle so they have just decided to break the law. I wouldn’t touch it with a barge pole tbh. Do they have any other employees? I’d be minded to ring HMRC to ask their advice and hopefully they get audited.

So they want you to absorb the hassle without any extra pay?

I know I was a bit shocked tbh. Apparently treating your employees correctly is just too difficult :/
If I report them to HMRC would they do anything?

Yes I would be expected to give up my employment rights such as sick pay, holiday pay, pension etc for a minimum wage position

Do they have other staff? HMRC might be interested in how they are employed

Yes one other staff member plus whoever they hire (as I certainly won't be taking the position)

That’ll be against IR35 rules! Report them.

Honestly inform HMRC - they will audit the business but also force them to retrospectively apply workers rights to their current employee.

Take the job or get it in writing and then report them to HMRC. They're scumbags.