What is fair here?

[Playingdevilsadvocate]

I’ve been offered some employment at an old colleagues business. They know I don’t have any meaningful employment currently. Thing is they want me to work at home as and when answering the phone and emails. Money is yet to be discussed but my partner thinks it should still be an hourly paid rate because I’m making myself available to work. They said it’s ridiculous to almost be like clocking in and out every call or email. I think my potential new boss wants to pay me for each call or work done. This could mean sitting around waiting with potentially no pay. I know they can’t afford to have someone full time in the office but I’m not a charity and it needs to work for me too. I’d be self employed so zero company benefits. Is anyone else home working “on call” and do you get paid hourly or per piece of work? Many Thanks

Why would you be self employed in this scenario? Are you free to send someone else to do the job for you? Are you able to set your own rates and choose the hours you work? Meaning you just decide whether you take a call or not? I very much doubt this scenario would meet HMRC's requirements for self employment.

That's bullshit. If she wants you part time she needs to give you set hours whether it be morning or afternoon or even a couple of days a week and pay you accordingly. She can't expect you to be on call 8 hours a day and not pay for your time. That way she can organise your work around your time.

Also, if you are an employee, and I think you are, you have to be paid for time you are available to take calls whether calls come in or not.

You need a minimum period fixed during which you will be able to respond and be paid. Otherwise it is zero hours and you accept or decline work as available. How time-bound is the response?

Would it work to be paid on a retainer? They pay a set fee. Some days it's lots of calls and emails, others less so, but it evens out overall?

I think if the expectation is that you are self employed the you set your rates. I think they’re taking the piss to expect to only pay per call but expect you to be available all day. Either charge a day rate or a half day and say you’ll be available for a 4 hour slot to take calls.

So they want you to waste your unpaid time waiting for calls and incorrectly register as self employed so they don’t need to pay your National Insurance? They’re taking the piss. I’d avoid someone like that, it sounds pretty dodgy.

Thank you. Yes all very valid points. I will be finding out more about it later in the week but as much as I need the extra money and would like the flexibility, something doesn’t seem quite right. I don’t think they’re at all deliberately trying to take the pee but I think they are thinking of how they can get what they want but without shelling out if it’s not busy. If I accept it then they’re going to do well out of me. And yes they definitely want self employed basis so as not to have the obligations to employees. I think there are a few big businesses that make their staff work on a self employed basis but it never sits well with me.

You need more info. If you've nothing else to do and it works for you then try it. If it doesn't don't.

Doesn't sound like a long term solution for either party so perhaps don't overthink it. Just say no?

HMRC have a pretty clear set of criteria on whether a position counts as self-employed. You can check this role against them. They include that you set your own rates and choose your own hours, that you can send an alternative person in your own place if you choose, and that you pay for your own tools. As a consequence, a self employed person would rightly charge way more per hour than an employed one would get paid.

I am familiar with the requirements because I am a very, very small scale employer (I have a nanny) and since the role is clearly an employed one I make sure I meet all of my legal requirements as an employer.

HMRC comes down like a ton of rectangular building things on employers who try to class people who are really employees as self-employed to save money and will fine them heavily. It is rightly considered exploitation.

I agree that you will NOT be SE but I imagine if you don’t take the job someone will - but if you don’t then report them.
If they are expecting you to be available they need to pay you, you won’t be able to go and do anything else so you do need to be paid at least a retainer on top of a per call/email rate. If you ARE SE you will need to register with HMRC and keep records of all your incoming and outgoings and do a Tax Return as well (even if no tax is due).
Your hourly rate should also take account of the fact that you will have to pay your own tax and NI and won’t get sick pay or holidays, I would suggest a minimum of 25% on the employed rate

Since I realise I haven't explicitly said this: I wouldn't touch it with a bargepole unless the company coughs up a proper employed position where you get paid at least minimum wage for the hours you're "on duty" to take calls. If they won't do that, they can pay for a professional answering service. Which isn't actually that expensive, because the call-answerers are servicing multiple companies at a time. I think the proposed arrangement is dodgy and likely to fall apart fast.

I’ve declined. They offered me half minimum wage for on call time but no top up for work completed. Meaning I’d be potentially working for utter peanuts. I can’t do it. If I was getting no work through then it’s not bad for doing nothing but if I working hard then it’s very cheap labour for them!

Glad you came back to update and you were right to decline. They’re taking the piss with that offer!