freelance to employed question

oompaloompa · #1 10-20-2016

Put this in UK section.
I know it is not strictly about ecommerce but someone might know...

the lady that helps me pack some stuff, is staying with me but is also been interviewed for a part-time job and put me down as a reference.

Firstly she has told me to basically fib and say if they contact me that she did office work, and she did not do packing and errands.......how do I handle that!

Also she was self-employed, and I left all that up to her, plus it is only a few hours per week, 8 hours usually....she now asked me for advice, she says they are asking for her tax records etc....can they do that? She is not saying outright but I assume she did not register this work or there is some other problem with it.....I know she had no other work, as she has only just got her kid in to pre-school....what should I advise, can she just say she does not want to share her records with them, are they allowed to ask this and why??

she is not very easy to talk to, so not sure if I am getting the full story....

arktech · #2 10-20-2016

does she have an ebay account or paypal account and do you have access to her address for mail ?

oompaloompa · #3 10-20-2016

Quote:

Originally Posted by arktech

does she have an ebay account or paypal account and do you have access to her address for mail ?

why? what has that got to do with my original questions?!
but the answer is yes, and possibly.......

Play · #4 10-20-2016

Pertaining to Tax information - I assume the new employer is simply asking her for her P45 (*maybe*) just so that they can put her on the correct tax code for when she begins to work with her new employer.

I'm sure they could seek that information out for themselves, but may require her to become an employee of the company first.

That P45 will essentially validate the place of her previous employment, how much she earned, how much tax she paid over the course of the fiscal year.

In essence, if she says she's remotely done office work for you, and she's helped you type up a document, organise your stationery draw etc. I think you could go ahead with it, but if your going to be a referee and she doesn't have a clue how to do her new job, that's going to be a right pickle.

rsot · #5 10-20-2016

I have done a bit of fib referencing for ppl - not such a big deal.

Not sure how the tax records work for UK employment, so no comment on that. Here they can do a credit check and criminal check but no tax record requested for employment.

oompaloompa · #6 10-21-2016

P45 ? she was self-employed. Also she is staying with me for the same under 8 hours a week anyway, so she is not leaving....

Ive just talked to her, and she said she did not think she needed to register the tax due to it being under even the national insurance credits level...and she gets ni credits anyway, as she gets child benefits....(her 'partner' is a low earner) To be honest I do not know how they would survive without benefits of some sort....

I have no intention of issueing her with anything, I paid to her bank account and that is the only record she will have from me....I dont want to get in to a minefield, but do not know what the minimum I am legally obliged to do....

in terms of the reference, I can say she did some admin, because I suppose she did in a way, with packing...but I wont lie on the phone!!! she was a corporate receptionist in the past, so I reckon she can manage this job, as it is receptionist...

arktech · #7 10-21-2016

does this employee of yours know you operate stealth ?

e2free · #8 10-21-2016

Quote:

Originally Posted by oompaloompa

P45 ? she was self-employed. Also she is staying with me for the same under 8 hours a week anyway, so she is not leaving....

Ive just talked to her, and she said she did not think she needed to register the tax due to it being under even the national insurance credits level...and she gets ni credits anyway, as she gets child benefits....(her 'partner' is a low earner) To be honest I do not know how they would survive without benefits of some sort....

I have no intention of issueing her with anything, I paid to her bank account and that is the only record she will have from me....I dont want to get in to a minefield, but do not know what the minimum I am legally obliged to do....

in terms of the reference, I can say she did some admin, because I suppose she did in a way, with packing...but I wont lie on the phone!!! she was a corporate receptionist in the past, so I reckon she can manage this job, as it is receptionist...

It's not as simple as you think

She works for you so you can't put this through self employment no way

She claimed she works for you and you also send money to bank account so basically you need to put her on your paye List and you need to report to hmrc each month of her income

If you like to continue doing this batter to pay cash to her

You can't issue any reference since she is not legally working for you

oompaloompa · #9 10-22-2016

really? I took advice from my accountant, when I took her on, and he said she could be self-employed and to pay to her bank. I always thought cash in hand was dodgier, and so steered clear, and the accountant said it was up to her to do her own thing.....

you cannot issue a reference for someone who does projects for you?

Play · #10 10-22-2016

E2free is correct if she is an employee. Oompa would be correct if she's a contractor, I.e. Freelancing. In which case she would be responsible for her own taxes etc. Not sure if you have to declare anything to hmrc though.

arktech · #11 10-23-2016

can you use your accountants address as a stealth address ?

oompaloompa · #12 10-23-2016

Quote:

Originally Posted by arktech

can you use your accountants address as a stealth address ?

again, not relevant to MY!! thread, but alot of businesses do use accountants address for registered address, as some accountants act as umbrella companies...you need permission of course, and a business address is published...

arktech · #13 10-23-2016

Quote:

Originally Posted by oompaloompa

again, not relevant to MY!! thread, but alot of businesses do use accountants address for registered address, as some accountants act as umbrella companies...you need permission of course, and a business address is published...

Most accountants don't charge for the use of their address , mine doesnt