Ignorance alert - Proof of Self Employment

Ignorance alert - Proof of Self Employment

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If I wish to ask a freelancer for proof of their S/E status what should I ask for?  Should they have a certificate from HMRC?

I have looked in search and found nothing recent that covers this so apologies if it has been covered before.

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Euan's picture
By Euan MacLennan
11th Jan 2012 11:04

Why?

Why do you want proof of self-employment?

It is the engager's legal responsibility to determine the employment status of the worker in the particular circumstances of the job.  Claims by the worker to be generally self-employed are irrelevant to the employment status of any particular job.

There is no such thing as an HMRC certificate of self-employment.  If you still want some evidence, ask for a Class 2 NIC statement or letter.

 

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By The Innkeeper
11th Jan 2012 12:40

As usual

Euan's advice is splendid. However, I would add that you could go to HMRC website and use the Employment Stauts Toolkit and see what that gives you.

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By glynisbm
12th Jan 2012 13:07

the nature of the work they will undertake needs to be looked at; is the  worker doing the job at financial risk to themselves, does the engager/employer exert rights of control over where, when and how they do the work, will they present themselves as part and parcel of the organisation. As Euan says the responsibility for deciding the status of the individual rests with them.(the employer)

Good advice too from The Innkeeper about using the Employment Status Indicator (ESI) on HMRC website to provide an opinion.

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By Jarole
25th Apr 2019 08:08

Hi, I hope you can advise. As a sole trader, my husband has a contract for one company that is running on. I believe he is rightly self employed status, but in his contract it says that he will cover any costs that may arise if his employment status is wrong. Do you think that would stand up in a court if HMRC challenged his employment status? I thought the onus was on the employer?

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Replying to Jarole:
Stepurhan
By stepurhan
25th Apr 2019 08:42

You have resurrected a seven year old query. Also your question does not relate to the query you have resurrected.

You should raise a new query. I would also recommend including more detail about the contract your husband is on (nature of word done, length of contract, any other customers, etc) as the answer to the query as given is likely to be "it depends" on the facts given.

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