Teacher working for charity organisation

Teacher working for charity organisation

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Hi

I have had a call from someone who has been teaching for a charity organisation (teaching disabled people).  He earns some £150/week so in total earns less than his Personal Allowance.

However, it appears the charity havent got round to registering themselves and have been paying the teacher on a cash basis without taking stock of employers PAYE, NI etc

Now the teacher needs to produce proof of work for a settlement claim he is making to stay in the UK.  Can someone advise what the process should be?  Can I produce backdated payslips? And restropectively inform the HMRC on behalf of the charity?

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By Chris Smail
20th Dec 2012 13:01

Who is your client?

You should not just forge payslips.

You cannot act on behalf of the charity without their agreement.

I think either the teacher (or you if he has become a client) should contact the charity in writing and ask for payslips.

Remember they may hold a P46 which says that this is his only job:

 

When you need to register

As soon as you first employ someone, you will need to register as an employer with HMRC if one or more of the following is true:

you're paying them at or above the PAYE thresholdthe employee already has another jobthey are receiving a state, company or private pensionyou're paying them at or above the National Insurance Lower Earnings Limityou're providing them with employee benefits

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By Euan MacLennan
20th Dec 2012 13:39

Charity needs to operate PAYE

The NI LEL is currently £107 a week, so the charity should have registered for PAYE.

The NI secondary threshold is currently £144 a week, so the charity should have been paying Er's NIC and paying it over.

The NI primary threshold is currently £146, so the charity should have been deducting Ee's NIC from the teacher and paying it over.

Even if the charity holds a P46 with Box A or B ticked (and why would they since they seem to be unaware of PAYE), the tax threshold is £156 a week, so if the teacher was being paid "some £150/week", it is possible that the charity should also have been deducting tax and paying it over.

Whoever is acting for the charity should register for PAYE immediately, pay over the PAYE (tax &) NIC due and then, issue payslips to the teacher.

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By Chris Smail
02nd Jan 2013 14:14

Yes broadly speaking the charity need to sort themselves out

But you cannot do it for them unless they authorise you to do so.

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