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Under HMRC rules you can work for someone else in a self employed capacity :
Employed or self-employed?
If you work for someone else, it is important to know whether you are working for that person in an employed capacity or in a self-employed capacity as an independent contractor.
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Real "Self-Employment" gives the worker flexibility that I seriously doubt the Avon job can afford. HMRC gets upset because false "self-employed" folks allow their de-facto employers to cheat the taxman of all those NICs and PAYE taxes etc that employers have to pay, and of course any such self-employed worker with a brain will find enough allowable deductions to reduce their own tax bill (on net profit, not total turn-over) to a pittance. Who loses out? Just the rest of us tax-paying deadbeats, of course!
If Avon are really offering total control & flexibility to these workers to turn up when they want, do the work however they see fit, and use their own tools/office, then they are truly self-employed. It could be that Avon just wants some really underpaid free-wheeling "men in the region" to troubleshoot whenever some archaeology arises, rather than just wanting full-time bodies on a dig as we all assume. But if they DO have to turn up for set hours on fixed days, take directions from a supervisor, use the company tools/site hut, and get a weekly/monthly wage instead of sending in an invoice on completion of a job, they aren't self-employed. And if BAJR is allowing such a con on this website, that would be deeply worrying. I assume Mr Bajr checked it out most carefully...
Unless, of course, they are hard-working full-time underpaid BBC execs or famous comedians, in which case they deserve the security of full-time "self employment" while their accountants fiddle the tax bill down to nought...
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Barking Digger is absolutely right. The advert makes it clear that the 'self-employed' staff will be 'assisting' the Avon person and therefore there is no way (irrespective of whether they supply their own tools) that this is a self-employment.....BAJR needs to be a bit more circumspect I think in accepting ads of this nature. There is a clearly defined list of criteria on the HMRC web page that define the self employed...doesn't seem to me to be any ambiguity.....you satisfy them all or you are NOT self-employed. And if you are not self-employed you are employed....its very simple! I too suspect that this is an attempt to evade the full costs of properly employing staff...
With peace and consolation hath dismist, And calm of mind all passion spent...
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5th May 2014, 05:39 PM
(This post was last modified: 5th May 2014, 06:11 PM by Marc Berger.)
Quote:There is a clearly defined list of criteria on the HMRC web page that define the self employed...doesn't seem to me to be any ambiguity.....you satisfy them all or you are NOT self-employed.
welcome kev to uo1s world:
If you call yourself an archaeologist....... you
have to be self employed. Its a tax status /Valetta convention thing. Take GPs as an example.
.....nature was dead and the past does not exist
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" THIS IS FOR GENUINE SELF EMPLOYED ARCHAEOLOGISTS ONLY "
What the bollox does this mean? It is the responsibility of the employer to establish the correct working status that he or she is contracting people under. Whether the applicant contractors are currently registered for self assessment makes no difference. If you are employing people in a way the HMRC would consider to be liable for employer contributions then whether they are "genuinely" self employed or promise to register next week it's irrelevant, surely!
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Part of the fun is that HMRC can decide for themselves what your employment status is! So, you could be registered for self-assessment and working to a self-employment contract, only to have them pull the rug...
Likewise, they reserve the right to accept or reject any or all expenses you claim! Gotta love a transparent system.
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i would say that they are in avery sticky situation with hmrc. the advert asks for day rates and this alone is completely contrary to the position of a sub-contractor bidding for a piece of work whereby the bidder stands to make a profit or make a loss and thereby aford self-employed status. asking for travel expenses for applicants outside oxford area implies that none will be paid to contractors who only travel short distances - which would be illegal if enacted and clearly gives the impression that it is not for self-employed who manage their own expenses via the tax system. and as already noted the bajr rates imply they are to be supervised when a self employed contractor works under their own supervision at their own time etc etc. i would advise them to issue an apology for the confusion and either rethink their offer t & c or get properly qualified sub-contractors and expect to pay the proper bajr rate.
If they can get you asking the wrong questions, they don't have to worry about answers
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I am not sure there is a proper rate for an "archaeologist". There are plenty of examples of self employed charging day rates. I don't think that as such day rates exclude self employment. I think that the get out of jail card is the use of the description "archaeologist" I just think that it needs an assertion about their responsibility over the record particularly if the advert is constructed loaded with employment terms. Alternatively the offer should be advertised as an invitation to tender. Mostly I see more clarification as protection for the people proposing the contract to not get considered to be employers by the hmrc
.....nature was dead and the past does not exist
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Marc Berger Wrote:I am not sure there is a proper rate for an "archaeologist". There are plenty of examples of self employed charging day rates. I don't think that as such day rates exclude self employment. I think that the get out of jail card is the use of the description "archaeologist" I just think that it needs an assertion about their responsibility over the record particularly if the advert is constructed loaded with employment terms. Alternatively the offer should be advertised as an invitation to tender. Mostly I see more clarification as protection for the people proposing the contract to not get considered to be employers by the hmrc
precisely - it should be an invitation to tender for a specific piece of work
If they can get you asking the wrong questions, they don't have to worry about answers
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And if it's for excavation the archaeologists should use the evaluation to consider their bids.
.....nature was dead and the past does not exist
