does this mean my partner is self-employed?

Question

someone end this arguement please..
my partner works for a man who is self employed building caravan sites... he doesnt get holiday pay or sick pay and his hours vary between 40 and 52 per week... when he gets his monthly net pay statement thing it isnt computer done or anything its simply hand writen on a piece of paper with the bosses company name on it... he does have to do that tax return thing though...
now i wouldnt class this as my partner being self-employed as in my eyes if your self-employed you pay your own wage and you dont work for someone they work for you and its your company... someone please tell me who's right in this arguement

Answer 1

Your partner is employed. The man who employs him should be providing him with a full written pay slip stating how much national insurance and tax has been deducted. Get your partner to phone the local tax office and query it. Or go to http://www.hmrc.gov.uk


" As a general guide as to whether a worker is an employee or self-employed; if the answer is 'Yes' to all of the following questions, then the worker is probably an employee:

* Do they have to do the work themselves?
* Can someone tell them at any time what to do, where to carry out the work or when and how to do it?
* Can they work a set amount of hours?
* Can someone move them from task to task?
* Are they paid by the hour, week, or month?
* Can they get overtime pay or bonus payment?"

Answer 2

Legally it's a bit of a grey area actually and you really need to supply some more information,
How much control does your partner have over the work he does, can he chose his working hours? prioritise what work he does? subcontract? is he responsible for providing the tools or raw materials he uses? The more it is your partners responsibility, the more certain it is he should be classed as self employed.

It sounds like at the moment he is self-employed, there is nothing legally wrong with it, but if he is working exclusively for this man in a full time capacity, then the guy should be hiring him as an employee. In reality it sounds like he doesn't wasn't to take on the additional overheads, and if he's not offering your partner a job then your partner only has the option of being self employed.

Your partner is right in that he is self-employed, and realistically that won't change unless the man he works for offers him a position as an employee.

Answer 3

I have a business and I think he's self-employed.

The guy he is being paid from is paying him on a self-employed basis. Your partner is responsible for doing his own tax return in April for tax year 07-08. This is why the guy he is getting his work from hasn't made any deductions. For insurance purposed this guy is still obliged to have employers insurance to cover your husband in case he gets injured etc though.

This is all perfectly legal. It may suit your partner who is more flexible and can take work from other sources more easily. It makes things easier for the boss guy because he doesn't have to bother deducting taxes, NI, or work out holiday pay.

Many people who work in the building trade are self-employed. Same with actors, and tv/film people, they are mostly self-employed too, and get hired for projects.

Answer 4

My ex hubby was self employed but worked for lots of other companines over the years. His bosses took out his tax for him....my ex hubby had to pay his own national insurance though, he was a builder.
He does not have to work for himself or own his own company to be self employed!!!!!!
Also the tax deducted was a higher rate than an employee would pay, but you do get tax rebates if you have overpaid! He would regularly get rebates of anything between a few hundred £s upwards.

Answer 5

you work for yourself. I am self employed. I have my own business in my home. I am my own employee. I pay taxes and can purchase at wholesale with a resale certificate. It's hard work if you want to make money at it. Anyone can be self employed. You can do a service like mow lawns for people and you would be your own boss. Get your own clients and do your own work.

Answer 6

it's really very simple.
Does the person he's working for deduct tax and National Insurance?
If the answer is yes he's employed
If the answer is no he's self employed and should be paying his own tax and national insurance

Being self employed does not necessarily mean that you own a company.

Answer 7

It depends on who pays the tax.

If you partner pays his own tax, then he is self employed and working as a contractor to his boss.

His boss really should sort iot out for him. His boss is winning here, and your partener is losing out. He should get a proper contract then he will get holiday /sick etc as is required in law.

Normally, people go self enployed and contract like your partner in return for more money a there's less security.

Answer 8

Its basically cash in hand but the company giving him his wages should have got him to sign something that says he will sort out his own tax and NI, does he claim benefits also? if so he can get done for fraud. It could be classed as SC11 where you pay your own stamps etc but he has to contact the Inland Revenue.

Answer 9

He's not self employed. Self employed pay their own tax and national insurance.

Answer 10

no he's not self employed, he works for someone else...he gets paid from someone else...so therefore he's an employee, not an employer...i am self employed and i have people working for me, i pay their wages, sometimes i don't pay myself because the money gets used on stock...but your partner is NOT self employed...