Originally posted by eek
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Reply to: Bike courier wins her court case
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Previously on "Bike courier wins her court case"
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Originally posted by fannyadams View PostBut they're not employees, they're self employed workers.
Yes I did use the word employee but to be blunt that is the battle we will be seeing from March onwards because if you have 2 people doing the same job one a permanent member of staff the other a self employed worker your typical contractor will be seeking employee rights (corresponding to the rights of the permanent staff) not workers rights.
These gig economy roles are going to continually win cases that state they are workers rather than self employed workers simply because the way the end company / consolidator / brand (Uber, Addison Lee....) use the workers make them workers rather than self employed workers. and Customs and Excise are going to be rubbing their hands with glee...
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Originally posted by eek View PostUtterly irrelevant to the point I'm making there. As self employed the courier / uber is stating that you are paying the self employed worker via the app and hence VAT isn't due as that workers income doesn't reach the threshold.
As an employee you are paying the company directly and hence VAT would be due as the company's turnover will be well over the VAT threshold...
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Originally posted by fannyadams View PostThey're not "employees", they're workers - see https://www.gov.uk/employment-status/overview
As an employee you are paying the company directly and hence VAT would be due as the company's turnover will be well over the VAT threshold...
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Originally posted by eek View PostIt's also worth saying that bigger stakes than employee rights are also at play here.
As someone pointed out over Christmas if Uber are employing their workers and not using freelancers all rides should have had VAT paid at 20%.... One reason for self employed drivers is that individually they don't reach the VAT registration threshold...
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Originally posted by jamesbrown View PostIndeed, it's a tribunal, not a test case in a higher court of law. Existing case law is sufficient to catch these sham arrangements. It's significant though in at least two respects: 1) it will pressure companies to change their practices as many more come forward, although that's a slow and arduous process; and, more importantly 2) it will encourage HMG to legislate (difficult to predict the timeframe or outcome of that). With the volume of stories on worker exploitation, on the one hand, and the perceived self-employed tax gap on the other (almost daily in the FT, and the first thing Hammond talked about in the AS), it's only a matter of time before something changes, radically.
If you get told you are getting a massive pay cut in a few months then there is nothing to lose for launching a claim.
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Originally posted by SueEllen View PostUnfortunately this case can't be extrapolated to other couriers.
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Originally posted by cojak View PostBike courier wins 'gig' economy employment rights case
Bike courier wins 'gig' economy employment rights case - BBC News
This is going to be interesting.
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It's also worth saying that bigger stakes than employee rights are also at play here.
As someone pointed out over Christmas if Uber are employing their workers and not using freelancers all rides should have had VAT paid at 20%.... One reason for self employed drivers is that individually they don't reach the VAT registration threshold...
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Bike courier wins her court case
Bike courier wins 'gig' economy employment rights case
Bike courier wins 'gig' economy employment rights case - BBC News
This is going to be interesting.Tags: None
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