UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Different. She will be teaching art, working for the start up company. At Christies, they sell art through auctions (my wife is assisting clients, that have questions about the art on sale!)
What might happen though, is, that she can sell her own artwork at those events too. So, that would be another part, that may come into it. Selling her paintings at those events (on the side) or also (if we do the whole paperwork) selling her artwork in general from her studio at home / over the internet etc.
Could that be a problem, working for Christies and being a self employed artist who is trading art at the same time?
When you say "it is likely that her Tax will be deducted at source" you are talking about the teaching part, right? How would that work, being self employed, I thought you are always yourself responsible to pay your taxes and Nics...
ok, one last question would be, is this job really something that can be done as freelancer, or isn't it rather employment.
- she comes in, on evenings, maybe 1,2 or 3 times a week
- gets payed per evening, a fixed amount (125, which is renegotiable, if it is more work then expected, currently they estimate about 3hours)
- she does not have to provide the materials (paint, brushes etc) for the customers
- all she does is come in, set up things, teach painting (unsupervised) maybe sell some additional tickets (if more customers come in) and pack things up afterwards (someone else picks up the materials)
My feeling is (as a layman :-)
- There is a low to zero indication of substitution. (if she can't do a certain event, they will use somebody else)
- There is a low to zero indication of financial risk. (all she needs is a travel card to get to event locations in London)
Hence, sounds more like employment to me!?
They say in the contract: they are not obliged to offer her work, nor is she under any obligation to accept work. If they mutually agree to offer an event, she is commiting to them to provide the service for that event. It doesn't specify, what would happen if she needs to cancel on short notice.
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