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taxadvisor.uk
taxadvisor.uk, Chartered Certified Accountant
Category: UK Tax
Satisfied Customers: 3586
Experience:  FCCA - over 35 years experience as a qualified accountant (UK based)
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I am working 2 on 1 off as a carer for one particular client

Customer Question

I am working 2 on 1 off as a carer for one particular client . I do make sure I work for a couple of weeks for different clients in a year . My client is concerned she will be considered my employer if I work more than 24 weeks in a year ? I am employed for an agency , and I do wish to continue with this client throughout the year . Is she right to be concerned ? and how long should I be working in a year for her ?
Am confused
Melanie
Submitted: 10 months ago.
Category: UK Tax
Expert:  taxadvisor.uk replied 10 months ago.
Hello and welcome to the site.
Melanie, thank you for your question.

Please advise for how long you have worked for this client on 2 on 1 off basis.
You say you work for different clients too. Is all work done through an agency or are you also self emplyed?

Many thanks
Customer: replied 10 months ago.

Hi


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 ?

Expert:  taxadvisor.uk replied 10 months ago.

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.

Customer: replied 10 months ago.

Hi


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 - -

Expert:  taxadvisor.uk replied 10 months ago.

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 link
http://www.hmrc.gov.uk/employment-status/

I hope this is helpful and answers your question.

If you have any other questions, please ask me – I’ll be happy to respond.

Customer: replied 10 months ago.

Hi


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 .


 


 

Expert:  taxadvisor.uk replied 10 months ago.
Melanie, thank you for your reply...

Whether one is an employee or self employed is not clear cut in every case.

If this family does not pay you overtime, sick pay, holiday pay and or bonus payments then you are not an employee.

You are providing your services under a contract for services as opposed to under a contract of service.

You appear to work for a number of different clients on a regular basis.

if you were my client, I would use the above to satisfy HMRC that you are self employed as far as income from this family is concerned.

If you feel the answer is not giving you the desired assurance, I request you do not accept my answer. I would also request that you don't rate my service in that case. I would rather not be paid than be rated negatively.

I hope this is helpful and answers your question.

If you have any other questions, please ask me – I’ll be happy to respond.

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