UK Employment Law

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I have arrived 3 weeks ago and would like to apply for

Customer Question
Hi I have arrived...

Hi I have arrived 3 weeks ago and would like to apply for national insurance number i am a croatian

Lawyer's Assistant: Have you documented this or discussed it with HR?

No

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I was offered to work as a waiter full time but I don't think I can work as "employed ".

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I need advice on my rights to work in U.K.

Submitted: 11 months ago.Category: UK Employment Law
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Customer reply replied 11 months ago
Basically I am looking for advice If I can be employed or do I have to be self employed and how to best go about it
I heard from other Croatian nationals that they have applied for NINO as self employed with supporting evidence (genuine builders etc) and they were rejected few times
Reading on websites about Croatian rights to work in U.K. Is very confusing to say the least
Customer reply replied 11 months ago
Hello, I haven't received any answer as yet?
Answered in 1 day by:
9/22/2017
Solicitor: Nick H, Solicitor replied 11 months ago
Nick H
Nick H, Solicitor
Category: UK Employment Law
Satisfied Customers: 125
Experience: Ten year qualified Solicitor
Verified

Hello

This is the site to look at https://www.gov.uk/apply-national-insurance-number

However - you can be self employed - though in this instance you shouldn't really be

as waiters 'work' for restaurants not sub contract. Either way just apply for an NI number

and carry on working as the link suggests.

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Customer reply replied 11 months ago
Hi thank you, ***** ***** expected a little bit more information. As I mentioned it looks like it is not automatic that application for NINo is approved?
Solicitor: Nick H, Solicitor replied 11 months ago

Hello

The truth is that waiters are not sub contractors - you are employees.

Therefore your employer should be paying PAYE.

Surely this does not prevent you applying for an NI No?

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Customer reply replied 11 months ago
Hi! I am going to have to apply as a self employed painter decorator but from others I have heard that you have to prove you are self employed and it's very difficult to do that. yes it doesn't make any sense. We are allowed to be self employed but to get NiNo on that bases it's tricky
Solicitor: Nick H, Solicitor replied 11 months ago

Yes

However do you really need one if you are really self employed?

Put in the application - thereby you are safe - it is up to government to process.

You have put the ball into their court.

You will be fine

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Customer reply replied 11 months ago
Good point actually, the only catch is you cannot register as self employed without the NINO
Solicitor: Nick H, Solicitor replied 10 months ago
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