Originally posted by m0n1k3r
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Am I self-employed?
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'CUK forum personality of 2011 - Winner - Yes really!!!! -
Originally posted by m0n1k3r View Post
That doesn't mean that some people aren't employees of their company (I know some people who have a contract of employment and do all the rest), but that doesn't necessarily mean that you are an employee of the company.
Show me the law that supports that website - it doesn't exist.Comment
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I understood that an owner/worker/director or the Ltd Co was an officer of the company rather than an employee? But the HMRC page linked to seems to take a different view. Company officers, directors are on different terms compared to employees for NICs for example. Bizarre, the UK tax system is broken. Fact.Public Service Posting by the BBC - Bloggs Bulls**t Corp.
Officially CUK certified - Thick as f**k.Comment
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Originally posted by Fred Bloggs View PostCompany officers, directors are on different terms compared to employees for NICs for example. Bizarre, the UK tax system is broken. Fact.
From a purely tax point of view we're not self-employed, as that means a particular thing. But in a more general sense as other people would understand it, we are. If you ever find yourself in the unfortunate circumstance of going to the Job Centre to sign on*, trying to explain that you're not self-employed but a Ltd. company director but not an employee but haven't worked for 6 months so please give me free money, you'll get nothing but blank looks. Being self-employed they understand.
*I'm not PC. I did it once after 6 months on the bench, and only for 3 weeks.Will work inside IR35. Or for food.Comment
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Originally posted by TheFaQQer View PostI'm not working for myself. I am not an employee (else I would have a contract of employment, receive NMW, have to be enrolled in a pension, have employee rights and so forth). I am an officer of my company.
That doesn't mean that some people aren't employees of their company (I know some people who have a contract of employment and do all the rest), but that doesn't necessarily mean that you are an employee of the company.
https://www.gov.uk/employment-status/director
Doing IT stuff for a client is not within the typical duties of a director.Comment
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Originally posted by m0n1k3r View PostYes you are if you do anything else for the company than going to board meetings, signing off documents and making strategic decisions.
https://www.gov.uk/employment-status/director
Doing IT stuff for a client is not within the typical duties of a director.
So they may be an employee, they may not. In my case, I am not an employee.
If you want to be an employee of your company then great. I don't want to be, I'm not an employee, I'm not paying NMW, I'm not going to push my business down the route of needing to consider workplace pension and employment law - each to their own though.
Again - show me the legislation that says that I am employee. It doesn't exist.Comment
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Originally posted by TheFaQQer View PostFrom your link: "If a person does other work that’s not related to being a director, they may have an employment contract and get employment rights."
So they may be an employee, they may not. In my case, I am not an employee.
If you want to be an employee of your company then great. I don't want to be, I'm not an employee, I'm not paying NMW, I'm not going to push my business down the route of needing to consider workplace pension and employment law - each to their own though.
Again - show me the legislation that says that I am employee. It doesn't exist.Comment
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Originally posted by le3ky View PostSo what would you class me as? I get a monthly salary from my ltd as well as dividends. But I have no employment contract?
If your company is paying NMW and meeting the rest of their obligations as an employer then you might be an employee as well. If you are an employee and the company isn't, then the company is breaking the law.Comment
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Originally posted by TheFaQQer View PostAn office holder or a worker, depending on whether you meet the worker criteria.
If your company is paying NMW and meeting the rest of their obligations as an employer then you might be an employee as well. If you are an employee and the company isn't, then the company is breaking the law.
I'm relatively new so trying to understand!Comment
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Originally posted by le3ky View PostSo there are three things then? Office Holder (which i guess i am as a director), Employee and worker? Is "worker" a standard legal concept as well?
I'm relatively new so trying to understand!
There is no legal definition of self-employed in employment law, but there is in taxation law.Comment
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