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SE questions. current employer not PAYE registered........

5 replies

npg1 · 18/04/2012 17:54

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!

Thanks

OP posts:
TalkinPeace2 · 18/04/2012 19:22

Does your employer have any sort of insurance? Like liability etc?
How does she account for your "wages" in her books?
So you are not paying tax on your earnings?
Are the others?
you are in a REALLY bad situation.
who does her books?
you are all knowingly breaking the law
"handover with each parent" - does this work involve childcare? Do OFSTED etc know what is going on ?????

sorry but I think all three of you should leave and leave bow before the odure interacts with the ventilation device

npg1 · 18/04/2012 22:06

I will try and answer your questions...
She has insurance, dont ask me what sort.....
I dont really know anything else like how she accounts for wages, no I dont earn enough anyway to pay tax, nor are the others. She employs us all on a part time basis although each of us do roughly 25 hrs per week. She has an accountant do her books who obviously knows about this. He aparently said 'I cant believe u pay your staff for their lunch beak....' we dont get a lunch break, we eat with the children.

The handover is at the end of the day we hand each child over to their parents and gives them time to speak to us about any concerns, but our pay stops at 4pm and this goes on until 4.30ish It doesnt really concern ofsted as its the end of the session.

OP posts:
TalkinPeace2 · 18/04/2012 22:37

Ofsted will be VERY VERY VERY concerned.
You are unregistered employees
so you are not covered by either her public liability insurance or her employers liability insurance.
If anything happened to either you or one of the children, the court costs could lose you your houses.
Do the parents know that you are not properly registered and insured?
If you are doing £25 hours a week, at the minimum wage of £6.81 with legally mandated bank holidays and holiday pay, you ARE earning enough to pay tax.
She is committing a crime by not employing you legally.
You are acting illegally by KNOWINGLY going along with it.

Sorry but the only thing you can ethically do (for your and the childrens welfare) is report her to HMC as soon as you can - online tonight here
<a class="break-all" href="https://online.hmrc.gov.uk/shortforms/form/TEH_Report?dept-name=TEH&sub-dept-name=&location=39&origin=www.hmrc.gov.uk" rel="nofollow" target="_blank">online.hmrc.gov.uk/shortforms/form/TEH_Report?dept-name=TEH&sub-dept-name=&location=39&origin=www.hmrc.gov.uk
she will NEVER be able to trace it back to you (I've used the form several times)

npg1 · 19/04/2012 17:45

Thanks, she does have prope rinsurance and cover and is ofsted registered.

I am making phoecalls tomorrow

OP posts:
bumperella · 20/04/2012 10:51

If you are classed as self -employed by Mr Taxman then YOU PERSONALLY would need liability insurance, fill in tax return, pay NI, etc. You would be liable for accidents occuring with children in you care and you personally could be sued.
However it seems likely HMRC would class you as an employee, in which case she would be in a lot of bother as her insurance may not be valid, nor has she been recording /paying tax and NI properly.
Either way you haven't been paying taxes nor NI. You only work term time, so figure out your appx annual income (from beginning of April each year) before deciding if you earn enough to pay tax.
Ignore what she tells you her accountant has said. You've no idea if she's reporting that accurately or not.
You MUST report this now though, as that way you have reported it "promptly" (ish) after realising that it was wrong.

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