Forum

Replies

• 

  Andy@Countrywide Landscaping January 31, 2016 at 7:01pm

  Hi Richard, no they don't need to be self employed, there's nothing stopping you offering casual work to anyone who wants it..
• PRO

  Richard Gadsby January 31, 2016 at 8:02pm

  As above no.
  Just keep things legal. Get some employers liability insurance.
  Register with hmrc for paye.
  do it by the book to save future problems.
• PRO

  Gary RK January 31, 2016 at 8:21pm

  There is now a fine line between treatment of casual/subbie labour and employees for HMRC and Employment laws

  If the person has freedom to determine his own work hours, works elsewhere and has own tools then fine, if not your may find he needs to be treated as an 'employee' in HMRC's mind.

  If a causal, he will still need to be paid via PAYE under RTI

  The area is complex to the extent that HMRC has an interactive online tool to help guide you thru' the complexities : https://www.gov.uk/employment-status/overview & https://www.gov...
  • PRO

    Richard Gadsby > Gary RK January 31, 2016 at 10:24pm

    Gary as a scenario.
    Presumably I could come and do a days work (or more)for you and invoice you and all would be well.
    If however I was a local lad who was not employed or self employed and did a days work or more even once would you then have to "employ" this person even though you may never use them again?
    Sorry may be a stupid question but one I need to answer for the coming year as some casual/extra help will be required.
    • PRO

      Gary RK > Richard Gadsby January 31, 2016 at 10:55pm

      Very much depends on whether they have another PAYE job. If he has then you will need to register as an Employer, set up a payroll scheme, pay through PAYE/RTI and provide all the protection & perks for 'an employee' (watch for Min Wage & Pension as well). 

      What's key is to get him to complete a HMRC New Starter Form to cover yourself.

      If his 'pay' is below LEL and not employed anywhere else, it is a grey area especially if 'signed-on' ;). It may be possible via a P38 form (if still used for Students etc)
      • PRO

        Richard Gadsby > Gary RK January 31, 2016 at 11:38pm

        Thanks I'm thinking part time horticulture/arb/agri student as we have a big college 2 miles away.
        Are these forms printable off hmrc website?
        Thanks for the advice
        • PRO

          Gary RK > Richard Gadsby January 31, 2016 at 11:51pm

          New Starter Checklist : https://www.gov.uk/government/publications/paye-starter-checklist

          This replaces the old method of using a P46 (and I think it can replace a P45 in certain situations, like they've 'lost it' ;).

          It looks like it also now emcompasses the old P38 form for Students.

          If you're taking someone direct from a college (especially if as a "placement") then they should be able to help on the best way to 'employ'
          • PRO

            Richard Gadsby > Gary RK January 31, 2016 at 11:53pm

            Thanks I'll look into that.
            Just a bit of forward planning at this stage as I'm a couple of months away from it yet.
• 

  Andrew Midgley February 1, 2016 at 10:58pm

  One possible way is to ask the customer to pay you and the casual employee separately? I have not done this but I would have thought that would be a reasonable solution if you were doing a one off job but needed two people do the job such as hedge cutting? Be interested to know whether this is legitimate ?
  • PRO

    Richard Gadsby > Andrew Midgley February 1, 2016 at 11:44pm

    I doubt it's legal:-)