IR35 - Self employed

[taxman]

what actually needs to happen is for there to be a statutory definition of self employment with sensible and understandable tests to define it.

 

everything else flows from that

 

 

There are standard tests. The right to substitution...and evidence that right has been used, complete flexibility over hours of work, a rate for the job not an hourly rate, no uniform, all tools and materials provided by the worker, evidence of a business plan etc etc

 

However in the real world fake and false contracts are used to provide such evidence but the status inspector has to look at what happens in reality.

 

I've seen "self employed contracts" that give an unfettered right to substitution but when you actually interview the worker and "engager" you discover this is just a fiction.

 

Until the monetary advantage in engaging "self employed" people over employees is reduced or taken away then we will always have people who will try and stretch the rules.

[andyofborg]

Uber lost right to classify UK drivers as self-employed. They were self-employed because it was cheaper for the employer.

 

indeed, however that's not related to ir35

 

---------- Post added 26-11-2017 at 20:38 ----------

 

There are standard tests. The right to substitution...and evidence that right has been used, complete flexibility over hours of work, a rate for the job not an hourly rate, no uniform, all tools and materials provided by the worker, evidence of a business plan etc etc

 

However in the real world fake and false contracts are used to provide such evidence but the status inspector has to look at what happens in reality.

 

I've seen "self employed contracts" that give an unfettered right to substitution but when you actually interview the worker and "engager" you discover this is just a fiction.

 

Until the monetary advantage in engaging "self employed" people over employees is reduced or taken away then we will always have people who will try and stretch the rules.

 

but doesn't that prove the need for a statutory definition of self employment

 

monetary advantage isn't the only reason why people use self employed people.

[El Cid]

A UK window salesman who did not receive a paid holiday for 13 years has been backed at the European Court of Justice in his landmark legal battle.

 

Conley King worked for a sash window firm on a self-employed basis, but was later found to have workers' rights.

 

http://www.bbc.co.uk/news/business-42164201

 

I wonder how much the employer will be fined

[Phili Buster]

A UK window salesman who did not receive a paid holiday for 13 years has been backed at the European Court of Justice in his landmark legal battle.

 

Conley King worked for a sash window firm on a self-employed basis, but was later found to have workers' rights.

 

http://www.bbc.co.uk/news/business-42164201

 

I wonder how much the employer will be fined

 

If working on a self-employed basis then I wonder how much tax and at what rate (both income tax and NI) he has been paying and how much back tax he now owes if he is now to be classed as employed rather than self-employed