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Original poster

Employed but possible changing to be self employed at same job..

8 replies

Poppiesway · 15/02/2016 07:36

Hello,
I currently work full time in the NHS but also work every other weekend for a private healthcare company. I have 3 NHS colleagues who also work for a different private company, they were taken on by the company as self employed and they have been explaining the benefits too me and recommended I go self employed for me company.
I spoke to my boss about it who admits it would be beneficial for me to be self employed but said as I only work for their company I can't be self employed as you have to provide a service to 2 companies or more. My colleagues at the other company only work for them and have said they've not been told this..

I've tried searching on the HRMC site about it but can't seem to find an answer to my question..
I assume the accountants for my colleagues would have told them if they cant be self employed?! So I don't know why my boss would be trying to persuade me not to be self employed with her..

OP posts:
Berthatydfil · 15/02/2016 07:54

its very unlikely you would be self employed if you were an employee previously and you are doing exactly the same things in exactly the same ways as before
What are the benefits to you of being SE? Yes you get your pay gross but it's not like you won't have to pay tax at all you will have to a tax return and pay it in a lump sum. So you will have to be disciplined and keep a chunk back for tax. Also as SE you don't get sick pay maternity pay or paid holidays and pension so I hope they are offering a big pay rise to allow you to pay for insurances to cover these things.
As employers they get to save employers Ni and obv don't have to pay holidays or sickness.
Look very careful at your current contract and terms and conditions and all your benefits like a pension holidays sick and maternity before you give it up to be SE.
Also the tax man has rules on this as it's quite often used as a way for employees and employers to illegally reduce their tax and NI bills so they can fine employers the equivalent of the PAYE tax they should have deducted - if it's been suggested that you have a Paye job as well as SE it seems to me they know that it isn't totally above board and this is their way round it.

FishWithABicycle · 15/02/2016 09:21

You also are only "self employed" if you are at liberty to choose when to work and if you could sub-contract the work to someone else if you choose. I suspect your colleagues' arrangements are going to get discovered by HMRC sooner or later. As Bertha says you have much better protection as an employee so best stick to how things are.

Original poster
Poppiesway · 15/02/2016 11:20

With my private job I pick which days and hours I want to work already. I don't get holiday or pay into pension etc or any other benefits from that job. I pay tax but don't get a wage slip each month! They give it to me cash in an envelope. I get a p60 at the end of the year and tax credits know I have this job too so it is all above board, it just worries me about not getting wage slips.

The only benefits I can see it that I would be able to pay myself travel (it's a 100 mile journey there and back), claim for the phone and costs for arranging work etc. And know exactly how much tax is being taken out each month.
The company my colleagues for work for is a large national company where as mine only employes two of us to do the work for them. (My colleagues use an accountant to sort everything out for them - they don't do it themselves)

OP posts:
Original poster
Poppiesway · 15/02/2016 11:26

I have worked for the private company for 4 years now.. But have been approached by the other company to work for them as well, they are offering me £50 an hour where as i get £30 an hour currently. I would prefer to stay with my current boss though but the temptation of more money is great. It could mean that I work less hours for the same money that way. But I am loyal and don't want to let them down as I know the national company will encroach on their turf so to speak!
( I am a single mum to 2 DC who's father doesn't pay towards them hence I work more to pay for everything for them - that's a whole other thread I know)

OP posts:
TalkinPeace · 15/02/2016 21:00

I don't get holiday or pay into pension etc or any other benefits from that job.
they are breaking the law

it is artificial self employment : they are doing it to save themselves paying for your employment rights

Original poster
Poppiesway · 15/02/2016 22:46

Talkin peace.. Are they really?! I don't take holiday from them as I pick when I work. Is this similar to a zero hours contract? Never been offered a pension with them.. They only employ the two of us who perform the service, 1 receptionist and the manager owns the business. Is t because they're such a small group they don't have to offer one? I don't know anything about that side. Never thought of pensions with them!
I have my NHS pension which I've been paying into for the past 13
Years.
The receptionist asked to claim stat sick pay from the manager and she said no she want entitled too. (The receptionist also works for the NHS part time - different speciality to me)
Think This may be a big can of worms!

OP posts:
Original poster
Poppiesway · 15/02/2016 22:50

Ah just googled it, They don't have enrol me in a pension as I earn less than 10k a year working for them.
Will google stat sick pay

OP posts:
Original poster
Poppiesway · 15/02/2016 22:54

I wouldn't be entitled to stay sick pay either, you have to earn at least £112 a week with them. I don't I work 2 days a month.
No chance of me needing stat mat pay..

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