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Subcontractor or employee?


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Personally I would give the job a wide berth simply because of this:

 

1 hour ago, Southern75 said:

Also If he can not go into work for whatever reason he will be charged 25.00 for admin cost to find another contractor

 

So what if he unexpectedly needs to take a week off? £175 charged? Or is it just for the first day? In any event, this should ring alarm bells and how ever much he needs the job this one seems fraught with potential problems. He clearly is an employee from your description and the employer is simply trying to use the self-employment ruse as an escape clause so as to avoid providing the things that employers have to (e.g. a pension facility, employers' NI contributions, statutory sick pay, statutory leave, etc.). It is also a convenient way to avoid paying the Minimum Wage. The "invoicing for work" scheme will also mean he is liable to pay any tax or NI liabilities that may arise from his employment. He will have to register with HMRC as a self-employed contractor and will be required to file a tax return.

 

He should not even consider taking this job and what's more I would report the matter to your local DWP. or HMRC

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2 hours ago, Southern75 said:

they take  15% for using the equipment

 

It gets worse !!!!

 

So they take 15% of his earnings for using their bucket and sponge!!!???

 

I really don't know how these people get away with such practices. The most notable outfit to try to get away with this was "Pimlico Plumbers" and their boss, Charlie Mullins. Mr Mullins took the matter all the way to the Supreme Court (and lost). This makes interesting reading:

 

https://www.employmentlawwatch.com/2018/06/articles/employment-uk/supreme-court-decision-announced-in-pimlico-plumbers-case/

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Please tell me you are going to do all you can to dissuade your son from getting involved with these crooks. I suppose they thrive because many people simply don't read what they're signing up to. They only realise when they have worked for a fortnight and end up owing money.

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