Thank you for all your help but Tosie has made the point that I shouldn't have posted, even though I did not reveal specifics about any client I am now concerned about comeback on myself.
Thank you everyone.
Replies (15)
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Why are you worrying about this? If anyone is worried it should be your client's "employer".
Employment status
My employer has passed the accounts job to me to do. I've just done my notes for my boss to read and thought about including a paragraph about it. If it turns out that our client's "employer" is doing something wrong, surely we should have at least addressed our client about it if we had suspicions of this nature?
Maybe I'm wrong but I've not been doing accounts for long so thought I'd verify with the more knowledgeable.
Your client is doing as he should, complying with HMRC and paying any tax due. If the employer in question ever gets hit with an employment status enquiry it'll be their problem, not your clients.
It's great that you're giving your client the heads up as they should certainly be aware of the pitfalls of being 'forced' into self-employment (NMW, benefits etc) but I wouldn't worry about it much more than that.
There is no 2-year rule
Whether somebody is employed or self-employed is a question of fact. The facts would mean that the individual has been either employed or self-employed throughout.
Is there an unfettered right to send a substitute driver? See ESM7210.
EDIT: @ John. You mean engager. There's no evidence either way that the client's engager is employer or contractor.
Two points
Whether somebody is employed or self-employed is a question of fact. The facts would mean that the individual has been either employed or self-employed throughout.
Is there an unfettered right to send a substitute driver? See ESM7210.
EDIT: @ John. You mean engager. There's no evidence either way that the client's engager is employer or contractor.
IF he had a substitute driver I imagine he could send one, however he has no employees. Literally just a man with his van.
1. He could hire a subcontractor. He doesn't need employees.
2. Don't imagine. Asking for trouble. Find out.
Inverted commas
EDIT: @ John. You mean engager. There's no evidence either way that the client's engager is employer or contractor.
Steve I think you missed my inverted commas, meaning of course "if he is one".
Temporary Workplace
Are you confusing this with the question of whether this has become a permanent workplace ?
Aside from that, you certainly need to establish whether a contract is in place and what it says. It seems to me that, without one, there could be some danger that the worker is recalassified as employed.
There's insufficient information to go further.
Reclassification
All the risk of a reclassification is with the employer (as he would become).
However, if you ask, I bet the subcontractor will be able to produce a contract that will answer all your questions.
Ask your boss
When I employed staff I would have been concerned had they had to resort to asking questions on a public forum rather than asking me.
I hope for your sake that your boss does not read this site as they may not be too happy with you.