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She won't employ me!

41 replies

cakesandphotos · 11/01/2016 14:37

Until last Monday, I was employed as a nanny by a lovely family. Unfortunately they're moving to Australia for a year so I'm looking for more work. For the last year I have been helping a lady out with childcare one day a week for which she gave me cash in hand (a bit iffy perhaps but it suited us both) she now wants me to work at least two days a week and I want her to employ me but she says she's happy with our currant arrangement and doesn't want to change.
Cash in hand was fine while I was paying tax and national insurance etc with my other job but now I don't have that I need to be employed. We're also wanting a mortgage and any money she gives me is worthless towards that. And don't even get me started on maternity pay when I need it!
Every says I just need to tell her but I don't want to bite the hand that feeds me. Literally. Any advice??

OP posts:
museumum · 11/01/2016 16:47

Just tell her you CANT accept more work from her in a cash basis as it will be over the threshold.

In theory it's illegal to work undeclared For any amount but tbh I don't think it's a massive issue if it's definitely not enough to pay tax and when your NI was being paid by your earnings in your other job (how many teenage babysitters or grass mowers are declared as self employed?) but as you say now you need official employment.

Can you find her details of a nanny payroll company that does it all for her? Although it doesn't sound like she wants the responsibility of being an employer so holiday and sick might be stressful as she won't know your rights.

ExitPursuedByABear · 11/01/2016 16:51

If she employs you there are also the new pension rules to consider.

nameschangerer · 11/01/2016 16:53

Nor were you stealing 30% from a disabled child. People are ridiculously melodramatic.

If you check the hmrc website you'll see her "employer" is at fault here. Not the OP.

But you either report her or walk away.

cakesandphotos · 11/01/2016 16:55

Thanks names I'll have to make it clear that it's not hard. Her husband runs his own company so is presumably familiar with PAYE

OP posts:
nannynick · 11/01/2016 17:23

Pension rules would not come in until November 2017 if they were registering this month as a new employer.

fastdaytears · 11/01/2016 17:30

You shouldn't be getting a hard time by people over this and realistically you'll not be earning enough to pay tax or ni either so everyone should get off their high horses

She was before the main family sacked her, so she has been breaking the law and underpaying tax- quite a lot if it was a full day a week. How is pointing that out being on my high horse?

Employees do have a responsibility to pay the correct amount of tax so she can't blame the employer. She knew it wasn't being deducted so should have done self assessment.

YouBastardSockBalls · 11/01/2016 17:35

You were stealing around 30% of the extra money from a disabled child - not sure you are suitable to be a nanny.

Oh FFS Hmm

nameschangerer · 11/01/2016 17:36

Because it's complicated if you don't understand it and she's come looking for advice on how to do the right thing. That's more important than beating g her up about previous mistakes.

Yes, she should have been declaring her full incoming. There's even still time to do that.

People have done a lot greater tax fraud than this minor one day a week issue. I prefer to have some perspective and help rather than criticise.

fastdaytears · 11/01/2016 17:42

It's not complicated actually and OP knew it was "iffy". So are you advising that she does make up the unpaid tax?

fastdaytears · 11/01/2016 17:43

People have done a lot greater tax fraud than this minor one day a week issue

Well yes but that's true of all crimes isn't it? There's always going to be people doing worse stuff.

cakesandphotos · 11/01/2016 17:51

Thanks to those who gave me helpful advice. Thanks for the sums nannynick.

OP posts:
wizzywig · 11/01/2016 17:52

Where did the disabled kid come from?

fastdaytears · 11/01/2016 17:57

wizzy it's a slightly dramatic way of saying that the OP was illegally withholding money from vulnerable members of society...

nameschangerer · 11/01/2016 18:22

I don't condone withholding information about money earned from HMRC, if that's what you're asking me.

Alanna1 · 11/01/2016 18:31

Surely what matters here is what you want? I think PT nannies is a difficult self-employment/employment situation to be honest and in some cases subject to their control over hours/flexibility/what else they do they could be considered self-employed (like I am!) but a lot depends on their free choice, I think. It doesnt sound from your description that you have that choice.

fastdaytears · 11/01/2016 18:46

I don't condone withholding information about money earned from HMRC, if that's what you're asking me

Well we agree then that she needs to go back and put this right.

I'm not sure what you were getting at then about it being the employer's responsibility and not OP's?

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