Surely this doesn't make you an employee?

[dodobookends]

DH is self-employed and has been for over 20 years. He's got several clients and his own vehicle.

As part of the work he does for one firm, he will often drive their van for doing their deliveries for them etc as it is bigger than his. He only uses it during the hours he's there, and not at any other time, nor does he drive it to and from work. He also uses his own vehicle when working for them too.

It's a very ad-hoc arrangement, and he works variable hours a week there which are agreed day to day, and it isn't his main source of earnings. He invoices the client for his time.

This business owner (v small Ltd Co) has got in a mess with their accounts, and as part of a consultation with a local accountant, the accountant said that since DH drives the firm's van, then that means that he must be treated as an employee of the company.

I disagree and don't think he is an employee, and I'd like to pick your collective brains please

The goverment have a tool to work this out

It will depend on things like if your DH is under the contract to say he has to do the job himself or if he is free to send someone else to do it if he wants to.

Thanks, we've been through all the criteria for employed/self-employed already - it is an informal arrangement and there's no contract at all. The business owner delivers stuff himself when DH is unavailable, and DH doesn't have anybody he could send in his place anyway.

For the small stuff DH uses his own vehicle and for the heavier stuff he will use the business owner's bigger van or land rover instead, for convenience. DH could probably buy himself a large van and use that, but we have nowhere to park one at home.

It is a one-man-band, and the business owner has no other employees.

Does anyone know why this accountant person would advise the business owner that it is specifically the 'driving the van' part that is the deciding factor here?

Has the business got itself in a tangle because its trade insurance on the vehicle says that only employees can drive it, and so the business kind of 'needs' your DH to be an employee?

The vehicle insurance for businesses can be a bit of a minefield.

The business is in a tangle because the person who did the admin/accounts left recently and the owner is trying to find someone to take over (think unwieldy spreadsheets, carrier bags full of receipts, no proper system). That's why they were phoning the accountant.

DH is covered to drive their vehicles on his own insurance.

Does anyone know why this accountant person would advise the business owner that it is specifically the 'driving the van' part that is the deciding factor here?

Deciding whether someone is an employee or not is complex and there are a number of factors to take into account. One of these is whether the person uses their own tools etc (which might include a van). If the accountant does not have a lot of experience of looking at these sorts of things perhaps that have picked up that point and not really thought abot the other factors.

That's what I thought Chunky because he doesn't fit any of the criteria for being an employee in other ways - we've checked. There aren't tools as such. Can't really say what the business does as it would be identifying (very niche market with unique product).