This article follows the recent Tribunal judgements concerning Uber and Citysprint and the Pimlico Plumbers cases.
What do all of these cases have in common?
The test for employment status.
Why is that important?
Because it affects a workers rights (and perhaps more importantly how much tax is paid by an employer and a worker)
I am writing this as an urgent call to action for any employer who is regularly employing self-employed workers.
You need to check these facts and assess whether your business is at risk of a claim for workers rights from so-called “self employed” contractors.
We are dealing with a case for unpaid holiday pay from someone who claims he was not a self-employed contractor, but a worker. The employer is facing holiday back-pay claims of around £7,000 and unpaid National Insurance contributions to HMRC of around £6,000. Ouch.
Equally the worker will be getting a bill from HMRC for unpaid PAYE and National Insurance. HMRC is the only real winner from these claims.
A worker is entitled to basic rights such as:
If you can answer yes to the majority of these questions, then you are less likely to be at risk of a worker claim.
If you are hesitating over any of these questions, then get some professional advice quick.