I have been working for them for just over a couple of years . I work through and agency , and they provide all of the carers that fill in the week I am off . I am self employed etc and my client was found through the agency . Anything else you wish to know ?
Melanie, thank you for your prompt reply.If you are self employed, you should continue to work on self-employed basis. There are times when one is getting more work from one client and it may represent some 60% plus of total income, but that should not make one an employee just because of it.There are other factors for consideration. You should try to keep your income from one client to around 50% of total income then you have much stronger case for being self employed.
I hope this is helpful and answers your question.
If you have any other questions, please ask me – I’ll be happy to respond.
Has not really answered my question at all . Am not looking for a stronger case . You have said when getting more work from one client it may represent 60% plus , but what does that mean?
At the moment my Clients family , who wish me to be the §primary carer , have been advised I should not do more that 24 weeks in a year . I don't wish to do a whole year , but I do wish to do approx 28 to 30 , and a few weeks with other clients . The family feel they need to restrict me to 24 weeks because they are concerned that the client may be considered an 'employer' . What I wish to know , is can I assure them that they are worrying needlessly , and I can work as self employed for 28 weeks ! maybe 30 . They would ultimately wish for this - - but they need assurance . I have no wish to be employed by them . I wish to have the freedom of remaining self employed , but I do wish to work primarily with them at this time . The answer I need is , can I assure them ? what is the position ? answer ? Are they in danger of being considered employers , what likelyhood in reality is there of this . That is my question - -
Melanie, thank you for your reply.I have clients who are self employed and their income from one source is some 65-70% of total turnover.As you have already said, you wish to have the freedom of remaining self employed. Unless you intend making this family your primary source of income on a permanent basis, you can continue to remain self employed and there is no need for change of status.In my opinion you are self employed and you can give them an assurance to that affect.You may wish to read this from HMRC .. here is a linkhttp://www.hmrc.gov.uk/employment-status/
Well I have worked for them for over 2 years , so will be 3 years at the end of this tax year , and my income is 70% maybe more .
So I guess from what you have said , in fact , they are in the position to be worried ?
So not sure how it is you feel I can give them any assurance of my self employment at all ?
I have read the HMRC link , but they are NOT very clear on this issue.
I had hoped to be able to come up with some information to re-assure my Clients family , and to that end have paid out £33 I can really ill aford to pay at this time , leaving me £14.50 in the bank .
It would appear that they are right in saying that I have to limit my work to 24 weeks a year , do you agree ?
If you don't agree , how exactly and with what facts or information do I re-assure them ?
I need to plan my next year , and in light of 2 on 2 off , I will have to look for alternative employment . This is a really really big issue , and I need some proper guidance , and I can only get this from good legal advice .