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Original poster

Can this be self employed?

47 replies

barnacharmer · 13/02/2018 17:51

If a company wants me to do 3 days a week admin work for them as a permanent arrangement, can this be described as self employed?

OP posts:
000bourneFarm · 13/02/2018 21:51

It is definitely employment. Of all the tests, 'mutual obligations' is a key one and clearly they expect you to turn up and you expect to turn up at those times. They are trying to get out of so many things, so you need to think hard about taking this job.

Viviennemary · 13/02/2018 21:58

I think you should go to the interview and say you're not sure about the self-employed status and what that means and you'd rather be employed by them in the usual way. And see what they say to that. Set days and set hours doesn't sound like self employed. You should be offering them the service in your own time. They're out of order I'd say.

Original poster
barnacharmer · 13/02/2018 22:28

I won't take the job if it's self employed. It's basically none of the benefits of self employment with none of the benefits of employment. I can hold out for something better

I'm not far enough along the exams to get work in bookkeeping, that's a couple of months off and my current job is reducing in hours at the moment due to fewer students which is why I want something now.

I know it's not going to be some paradise switching careers but I can't stay in what I'm doing and I want something which gives me a lot of options in terms of hours, location, companies. Admin / accounts assistants does that for now and gives me choices in the future

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Original poster
barnacharmer · 14/02/2018 13:17

If I take this job as self employed and do tax returns, is there any come back to me personally if HMRC aren't happy? Been bounced around helplines all day and can't get a clear answer. I'm worried specifically about tax credits and free hours for childcare

I'm thinking of taking it for 6 months just to get experience

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Original poster
barnacharmer · 14/02/2018 13:18

I know it's not ideal but I am not in an ideal situation at the moment

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Hoppinggreen · 14/02/2018 13:21

I wouldn’t advise taking it but if you do I think that if there ever IS and investigation it is the employer that would be in trouble rather than you
Totally understand why you are considering it though so why not go to the interview/meeting and take it from there
I don’t know about Tax credits or childcare though so can’t help there

LonnyVonnyWilsonFrickett · 14/02/2018 15:33

As far as I know, they would be in trouble rather than you (assuming you'd registered as self-employed and paid your income tax, that is).

I'd go to the interview (it's always worth going to an interview) and do a bit of digging. You don't have to take it!

If you do take it, insist on part payment upfront - after all, that's what self employed people do Grin

Oblomov18 · 14/02/2018 15:56

This isn't a self employed role. This is so wrong. I see it all the time, where people are under the umbrella of bring self employed but aren't.
Take care.

Kazzyhoward · 14/02/2018 17:08

If I take this job as self employed and do tax returns, is there any come back to me personally if HMRC aren't happy?

No, HMRC go after your "employer" for any unpaid taxes/NIC that they should have paid. As long as you register with HMRC as self employed and prepare/submit your tax return on time, and pay tax on time, you're in the clear and HMRC won't come after you.

Lucymek · 14/02/2018 17:44

The above is not true.

You will be responsible for your own ir35 status.

If you tell me the hours and rate I can call your take home pay for you ?

Lucymek · 14/02/2018 17:47

And they won't be your employer they are your client who you invoice. You would be your own employer under your own ltd company.

Original poster
barnacharmer · 14/02/2018 18:31

@Lucymek I have pmed you.

I really do appreciate everyone's input, I'm a long term lurker so am very thankful to everyone who is more active than me

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RB68 · 14/02/2018 18:36

Unless you are a virtual pa then it is not a contract/self employed type of role and they are saving money by doing it this way and also admin as they have to do all the online filing and sending of Nics and Tax. I do this for two companies ie run the companies do everything bar stand in front of their clients and I am still employed not self employed

Original poster
barnacharmer · 14/02/2018 18:41

The job title is virtual administration assistant but if it's set hours it doesn't matter that it's virtual surely?

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PrimalLass · 14/02/2018 18:44

I would take it if you are desperate but look for other clients too.

PrimalLass · 14/02/2018 18:45

Lucymek why would she need a limited company? She can just be a sole trader.

Kazzyhoward · 14/02/2018 18:49

The above is not true.

Yes it is true for a sole trader. There's no suggestion at all that the OP is being asked to form a limited company. IR35 doesn't apply to sole traders - it's for "intermediaries" i.e. partnerships and limited companies.

Original poster
barnacharmer · 14/02/2018 19:02

What the internet is saying is that IR 35 affects limited company directors. As a sole trader anything deemed as disguised employment would leave them liable

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Hownow39 · 14/02/2018 19:09

Speak to the company ask how they would want you to operate. If it's as a sole trader it's very bad form and they are doing it purely for financial gain.

Original poster
barnacharmer · 14/02/2018 20:41

I will ask. I know the answer to why is this position on a self employed basis? But I will give it a go

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