Fruit, my accountant who handles a lot of small businesses, warned me that HMRC are really cracking down on "self employment". The carer was doing about 7 hours (half an hour morning calls, plus two outings a week), managing what needed to be done herself, and finding a replacement if she could not make it, which seemed to meet the definition of self employed. But the hours then went up.
I gave her the option of being employed, and also offered as an alternative to pay for the accountant to help with self-assessment should she want to be self employed. I think we are both more comfortable with everything being by the book, with tax, NI and, ultimately pension, paid. It also gives scope for a redundancy payment, which could happen at any time.
The lawyer suggested that accountants always argue for employment, and lawyers for self employment, because they are engaged to sort out different issues. Apparently it's pretty grey, and it really only when the courts decide that you know whether someone was an employee or not.
I also assume that whoever wrote the European Working Time Directive, never worked as a carer. The contract allows for quite a generous statutory minimum leave, which I am happy for the carer to take. She is unlikely to want to take all of it. I am not allowed to pay in lieu. The carer described a near riot at the agency she also works for, when scope for payment in lieu was withdrawn. She and others sat at home taking their holiday, resenting their loss of extra money, with the agency desperately trying to find someone to cover their shifts.
There must be a huge number of casual part time staff working for small employers, not just carers, but coaches working for voluntary sports clubs, that sort of thing. It would be nice to see a not-for-profit one stop shop who could make the admin user friendly. Staff probably don't mind paying tax and NI, and having a pension scheme, so it would be worthwhile in terms of additional tax revenue for the government to help fund such support. Its been a huge wheel to reinvent, and I cannot be the only one who has struggled.
Rant over.
My mother is slowly getting better after her spell in hospital but I don't think she will really recover till spring (if at all). It was a shock to see how quickly she went downhill. A reminder, after a long plateau, that nothing is predictable.
I hope everyone else is doing OK.