So confused about whether I should be self employed but working i a nursery, and other issues

[npg1]

My current employer isnt PAYE registered. I work 25 hrs a week (gradually built this up over 18 months) and have never paid NI, obviosuly she doesnt contribute. I dont get sick pay and it is only a term time only job. The other 2 members of staff are self employed and I have been looking into this.

I finish work at 4pm but we have a handover with each parent and I dont get away until 4.40pm, shoud I be paid for this?

We dont have a break, 7 hours solid.

I am considering being a nanny for 2 days a week, probably only temp for the the time being.

My employer has told me I have to register as SE so if I do this can I be a SE nanny too?

I am at my wits end with employer and dont know what to do, we are al scared to speak to her and she just gets away with this!

Not an expert but surely someone needs to sort out and paye the NI and any income tax owing. I am not sure of the rules but what you describe doesn't sound like being 'self employed' at all to me so i would think your 'employer' needs to do this and is probably reaking the law big time in not doing so. i think you need to contact someone (?HMRC??) urgenty to clarify the postion before you yourself potentially get into trouble/

Check out these websites

www.hmrc.gov.uk/working/info/selfemployed.htm

this fives info on who and how NI and tax should be paid

also

freelanceadvisor.co.uk/resources/am-i-an-emplyee-self-employed-freelance-or-a-worker/

from just a very quick glance I would say you would have to be classed as an employee, and as such would have emplotment rights such as sick pay, a/l, rest breaks etc which your current 'employer' is probably trying to avoid by saying you are self employed.

sorry not sure why those didnt come up as links, hope you can find the info anyhow!

Please do call HMRC and make an Employment Status Enquiry.

To me, you can not be self employed in either of the jobs - they are both likely to be more of an employee employer relationship.

Status Customer Service Team
Employment status enquiries for Scotland, Wales and Northern Ireland
Opening hours
9.00 am to 5.00 pm, Monday to Friday
Closed weekends and bank holidays
01355 275 871

Status Customer Service Team
Employment status enquiries for England
Opening hours
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Closed weekends and bank holidays
01274 204 425 or 0121 634 0420

Please leave an answer phone message if required, a member of the team will contact you within 2 working days of your call.

Post
For written enquiries for Scotland, Wales and Northern Ireland

I & PB Specialist EC
Status CS Team
Queensway House
Stewartfield Way
Peel Park
East Kilbride
Strathclyde
G79 1AA

For written enquiries for England, contact your nearest office

I & PB Specialist EC
Status CS Team
Centenary Court
1 St Blaise Way
Bradford
West Yorkshire
BD1 4XY

I & PB Specialist EC
Status CS Team
City Centre House
30 Union Street
Birmingham
West Midlands
B2 4SA

I phoned the tax evasion hotline yesterday and they said 'so you want to report your employer?' I said 'umm no not at the moment, im just trying to find out', she put me through to NI and then got cut off by them.Also my other problem will be we want a baby and will I get mat allowance if I havent paid NI? Mat allowance told me yes I would as its not my fault I havent been paying, its my employers fault.

The other 2 ladies have managed to go SE but it was a hassle for them.

Call the status team about your nanny work. That way at least you clear that bit up.

If you have been paying your NI stamp as self employed then you should get Maternity Allowance I would have thought. Or are you saying that you have not paid any NI at all?

I havent paid it at all :(