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Crystal-clear

  • Posts: 3029
Self employed how are they getting away with it??
« on: September 27, 2017, 10:43:13 pm »
Not mentioning any company's or names but I know for a fact some dudes running 10 vans 6 vans providing all tools uniforms etc
Yet the window cleaners are self employed I know as I worked with someone the other day who used to work for a big fish from this very forum and he told me how it worked just like that

Don't get me wrong if it's legal fine as it's better but surely this isn't allowed what fascinates me is some of the guys have several vans and produce a serious turn over
Unless I'm missing something id love to know if you can actually do this as the reason why I haven't employed is because of the Liabiltys of being an employer but now I'm curious to know if you can do it 

Plankton

  • Posts: 2441
Re: Self employed how are they getting away with it??
« Reply #1 on: September 27, 2017, 10:47:14 pm »
Yodel, Hermes... Driver's are self employed.

Crystal-clear

  • Posts: 3029
Re: Self employed how are they getting away with it??
« Reply #2 on: September 27, 2017, 10:50:10 pm »
Yodel, Hermes... Driver's are self employed.

right so what am i missing and quite a few others who are firm on this subject..

Og

Re: Self employed how are they getting away with it??
« Reply #3 on: September 27, 2017, 10:58:20 pm »
Perhaps they decide their own hours and are responsible for the job, should it not be done.

Crystal-clear

  • Posts: 3029
Re: Self employed how are they getting away with it??
« Reply #4 on: September 27, 2017, 11:09:03 pm »
Perhaps they decide their own hours and are responsible for the job, should it not be done.
no strictly dictated too told to be at depot for 8am or 9am using business owners tools fully depending on that income uniformed everything
no holiday pay no ssp liability
no complicated contracts no tribunals for no longer offering them work

Leeds

  • Posts: 181
Re: Self employed how are they getting away with it??
« Reply #5 on: September 28, 2017, 06:54:15 am »
Basically mate, if the lads are happy to do it, and no one kicks up a fuss, there's a million ways round it.

Taxi drivers are all self employed I think? You can just say the windy "can turn up when he likes and do how much he likes" even though we all know the have families and will do 9-5 everyday etc.

I only like employing for the peace of mind it gives the lads and in turn the more you get from them in return

Leeds

  • Posts: 181
Re: Self employed how are they getting away with it??
« Reply #6 on: September 28, 2017, 06:57:23 am »
I did employment law for a while in a past life. If the "employee" doesn't tale you to a tribunal. It's rare anyone will get involved.

Sure, hmrc may notice, but if you have a willing dodgy accountant, I'm sure that can be sorted as well.

Spruce

  • Posts: 8466
Re: Self employed how are they getting away with it??
« Reply #7 on: September 28, 2017, 07:29:33 am »
Not mentioning any company's or names but I know for a fact some dudes running 10 vans 6 vans providing all tools uniforms etc
Yet the window cleaners are self employed I know as I worked with someone the other day who used to work for a big fish from this very forum and he told me how it worked just like that

Don't get me wrong if it's legal fine as it's better but surely this isn't allowed what fascinates me is some of the guys have several vans and produce a serious turn over
Unless I'm missing something id love to know if you can actually do this as the reason why I haven't employed is because of the Liabiltys of being an employer but now I'm curious to know if you can do it

What you see on the outside doesn't mean that is the same on the inside.

Weekly working hours in employment is one example.

https://www.gov.uk/maximum-weekly-working-hours
https://www.gov.uk/maximum-weekly-working-hours/weekly-maximum-working-hours-and-opting-out

When I was in the motor trade every saleman was given this form to sign before your employment was confirmed. If you didn't sign the form or refused to work more than 48 hours a week then you didn't get the job.

All dealerships had tax exemptions from the Receiver regarding how the dealership would deal with company car taxation. So according to our 'status' within the group we paid tax on an agreed vehicle catagory. Some nights I might take home a car in a higher catagory and other nights I might take home a scrapper that still had a little tax left on the windscreen. Failing that, it still might have been a trade-in but I would take it home on trade plates.

So it wouldn't surprise me if all these big companies had their own little exemptions with the Receiver, especially if the company was offering jobs in an area with high unemployment.
What applies to us plebs doesn't necessarily apply higher up the business scale.

.
Success is 1% inspiration, 98% perspiration and 2% attention to detail!

The older I get, the better I was ;)

johnwillan

  • Posts: 313
Re: Self employed how are they getting away with it??
« Reply #8 on: September 28, 2017, 02:25:57 pm »
Not mentioning any company's or names but I know for a fact some dudes running 10 vans 6 vans providing all tools uniforms etc
Yet the window cleaners are self employed I know as I worked with someone the other day who used to work for a big fish from this very forum and he told me how it worked just like that

Don't get me wrong if it's legal fine as it's better but surely this isn't allowed what fascinates me is some of the guys have several vans and produce a serious turn over
Unless I'm missing something id love to know if you can actually do this as the reason why I haven't employed is because of the Liabiltys of being an employer but now I'm curious to know if you can do it

There a various perfectly legal structures one can use, however employment doesn't need to be the burden so often portrayed, there are many happy and successful employers, the "business structure" is no guarantee of success.

Stoots

  • Posts: 6214
Re: Self employed how are they getting away with it??
« Reply #9 on: September 28, 2017, 02:44:27 pm »
End of the day you can do what you want long as you don't get caught. How many will be paying lads cash in hand, fiddling taxes etc. Loads

It's rife in self employment. I knew of a roofer claiming minimum wage as an income but got 2 vans and two staff.



Marc Stock

Re: Self employed how are they getting away with it??
« Reply #10 on: September 28, 2017, 03:32:25 pm »
They get away with it because HMRC know that in pretty much all cases that it's not worth their time effort and money enforcing it.

Everything is treated like a business now...if HMRC won't get a return on time invested in investigations it won't bother and will turn a blind eye. However if you make one small mistake on your return and they find out that's easy for them....
.easy peasy money

They used to be much tougher, there is absolutely no way you'd get away with taking someone on as a sole worker on a self employed basis back in the late ninetys 2000 s Inland Revenue as it was then would literally throw the book at you and your probably spend some jail time for employers ni evasion.

Since they merged all departments to HMRC sacked off many of the highly qualified tax experts within inland revenue and then i think it was in 2003 or 4 not sure...they made tax arrears a civil matter and no longer a crown matter meaning you no longer went to prison for tax arrears unless you committed tax fraud which would be under a different charge all together.





Crystal-clear

  • Posts: 3029
Re: Self employed how are they getting away with it??
« Reply #11 on: September 28, 2017, 10:06:25 pm »
so basically we're saying that they are wrong but able to get away with it ?
vat reg LTD company everything in order except they're classing emps as self employed

logic is telling me they must know a legal loop hole and maybe have a contact at hmrc that has confirmed in writing if this is actually legal some way or there is a way to get around it we all need to know ..

tony day

  • Posts: 183
Re: Self employed how are they getting away with it??
« Reply #12 on: September 28, 2017, 10:54:52 pm »
Not mentioning any company's or names but I know for a fact some dudes running 10 vans 6 vans providing all tools uniforms etc
Yet the window cleaners are self employed I know as I worked with someone the other day who used to work for a big fish from this very forum and he told me how it worked just like that

Don't get me wrong if it's legal fine as it's better but surely this isn't allowed what fascinates me is some of the guys have several vans and produce a serious turn over
Unless I'm missing something id love to know if you can actually do this as the reason why I haven't employed is because of the Liabiltys of being an employer but now I'm curious to know if you can do it
Why don't you mind your own bloody business! Your never going to have the headache of running 10 vans! Keep blodding along with your DIY  650 Ltr and put you neck in.

Crystal-clear

  • Posts: 3029
Re: Self employed how are they getting away with it??
« Reply #13 on: September 28, 2017, 11:38:31 pm »
Not mentioning any company's or names but I know for a fact some dudes running 10 vans 6 vans providing all tools uniforms etc
Yet the window cleaners are self employed I know as I worked with someone the other day who used to work for a big fish from this very forum and he told me how it worked just like that

Don't get me wrong if it's legal fine as it's better but surely this isn't allowed what fascinates me is some of the guys have several vans and produce a serious turn over
Unless I'm missing something id love to know if you can actually do this as the reason why I haven't employed is because of the Liabiltys of being an employer but now I'm curious to know if you can do it
Why don't you mind your own bloody business! Your never going to have the headache of running 10 vans! Keep blodding along with your DIY  650 Ltr and put you neck in.

who said anything about owning 10 vans its about knowing if this is actually allowed so others could also do it as its been a hurdle
on a small scale of 1 van or 2 vans.
and large company's doing it with 10 vans who are LTD makes me think its maybe possible as someone else mentioned drivers working for company's are self employed some saying its wrong but we are maybe missing something that we should know considering the above 

Pete Thompson

  • Posts: 960
Re: Self employed how are they getting away with it??
« Reply #14 on: September 29, 2017, 02:07:30 am »
It's illegal and gradually being cracked down on

https://www.theguardian.com/business/2017/may/03/hmrc-steps-up-investigation-into-employment-status-of-hermes-couriers?CMP=Share_iOSApp_Other

And as for "mind your own business" well it is our business if competitors gain an unfair advantage by not giving their workers entitlements.

Crystal-clear

  • Posts: 3029
Re: Self employed how are they getting away with it??
« Reply #15 on: September 29, 2017, 10:17:08 am »
It's illegal and gradually being cracked down on

https://www.theguardian.com/business/2017/may/03/hmrc-steps-up-investigation-into-employment-status-of-hermes-couriers?CMP=Share_iOSApp_Other

And as for "mind your own business" well it is our business if competitors gain an unfair advantage by not giving their workers entitlements.

thank you .end of the day it isn't fair that there's an easy way for the larger window cleaning establishments and the smaller guys need to face tremendous liability and risks compared to them employing the correct way
But no one who's actually employing self employed in that manner is commenting or explaining how they feel it's legal
Perhaps they know they must remain under the radar as much as possible
But again what shocks me is they are far from under the Radar plenty of self employed window cleaners one whom I know and told me how he's terms of employment was purely self employed driving their van told to do certain hours etc etc
Company's are Ltd vat registered also I mean possibly 1m turn over
They may even have someone at hmrc that deals only wit their tax affairs big company's who off set self employed invoices against thier profits so hmrc have to know yet it's okay. This is why I'm starting to wonder what are we missing ...

Pete Thompson

  • Posts: 960
Re: Self employed how are they getting away with it??
« Reply #16 on: September 30, 2017, 02:08:47 am »
What we are missing is an employment tribunal.

All it will take is one fed up self-employed "employee" to take one of these companies to tribunal to demand things like paid holiday, pension etc, and that "non-employer" will be royally screwed.

They'll be forced to compensate all of their non-employees for the years of not giving what their entitled to, and they'll be forced to employ their current workers properly.

Can't wait.

Susan Dean (1stclean)

  • Posts: 2064
Re: Self employed how are they getting away with it??
« Reply #17 on: September 30, 2017, 08:24:03 am »
wait and see what the court case with uber does , nothing wrong with having self employed staff , we work like that for years at dhl 

 the government and the courts wont dare change the law , there over a million people working like this and do you think there going to want a million people on the dole with what looks like a poor out look for people on the way , higher interest rates coming in next mouth along with the low pound and high prices its not looking good

Arnold Palmer

  • Posts: 20800
Re: Self employed how are they getting away with it??
« Reply #18 on: September 30, 2017, 09:12:37 am »
Do you think that if the government forced uber, yodel, DHL and the like to pay sick pay etc they'd just pull out of the UK?
#aliens

G Griffin

  • Posts: 40745
Re: Self employed how are they getting away with it??
« Reply #19 on: September 30, 2017, 09:45:56 am »
Do you think that if the government forced uber, yodel, DHL and the like to pay sick pay etc they'd just pull out of the UK?
No and it's an empty threat. If they're making money they'll stay.
Sick pay will just have to be paid from the money at the top. It's the workers- those with the least- that are being blackmailed by those with the most.
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