Self employed..but should be employed?

[missy111]

Role is teaching students who are out of mainstream education.
-Told role was self employed when I got the job, but now not sure.
-Told where to go, who to teach and when to teach them. Sent a timetable each month with my schedule on
-I am sent an invoice at the end of each month stating my teaching hours per pupil and how much I am owed. Surely I should be invoicing them?
-No control over hours, can't turn down a student, they tell me where and who to go to.

Help and advice please

Check employment status for tax - GOV.UK (www.gov.uk) have a series of questions you can answer to determine if you should be classed as employed or self employed
edit; updated url

I do self employed work and although I'm not a expert I'm familiar with that checker. I'd definitely say thi doesn't sound like you should be self employed.

You could be an off payroll worker (inside IR35) treated as an employee, taxed, NI due but none of the perks of holiday, sick pay etc. usually day rates are higher than employed. Do you have a contract with them, what does that say?

Thanks. I've just run the checker and it states employed.
Just need to work out how to broach this with them now

Contract states hourly rate they pay and that it is self employed role

IR35 is for people working through personal limited companies as an intermediary, not individuals in a direct contract with the employer/engager.

It doesn't matter that they've written you are self employed in the contract if the facts are that you have an employment relationship with them.

I struggle to see anything in what you've described that would make you "self employed" from a tax perspective at the very least. Status for employment law is determined differently to tax law.

As to how you broach that with them... I'm not sure what to suggest but I suspect this will end with you needing to find alternative work if I'm honest.

That only applies if she is working through her own limited company which she isn’t

Do you mind sharing your hourly rate? It should be at least £35ph if self-employed as typically self employment rates are roughly twice employment, to cover for lack of sick pay, holiday pay, admin and prep pay, NI, pension etc. The lowest rate an adult ed teacher should get is around £17.50 ph.

In the past I have been treated as self employed for a similar teaching job. Other tutors queried it, we were put on employed status with a big drop in hourly rate and yet my pay stayed the same, because they had to pay prep, holiday etc and NI. It also gives you a bit of protection, I think.

Regarding how to broach it: there are consequences for them if HMRC takes an interest, so I’d frame it from a position of concern. “I’m worried about this, it looks like this work falls outside HMRC’s definition of self employed and I’m worried we will both be in difficulty as a result. Can you take a look? What does your auditor think?” And share the tool above with them so they can see. I’d go at from an angle of “I’ve spotted this problem you don’t know about, how can we solve it”. They don’t want to get fined anymore than anyone else does!