8th August 2008, 02:17 PM
The company have been informed they will be removed and of course the reason why. They have passed this over to their Tax advisor and Accountant. and have stressed they are looking into it now.. and will return with an answer.
I am hoping it will be resolved - and we can see the true standing.
I applied this test:
If the worker is unwilling to carry out the work personally, do they have any right to send someone else to do it? NO
Can the worker be told what to do - even when they are expected to know? YES
Can the worker be moved from task to task? YES
Can the worker decide how the work is done? NO
Is the worker a skilled person or expert in their field? YES
Is the worker required to provide the major items of equipment needed to do the work apart from minor items of equipment or those tools of the trade that workers customarily provide? NO
Does the worker pay the cost of all materials or supplies required for the work without being reimbursed? (Not including minor items and consumables) Not applicable
Which of the following best describes how the worker's main income is made up? (Regular payment based on an hourly, daily, weekly or monthly rate) YES
What is the statement that best describes where the worker does the work? (The work has to be done at a certain place and cannot be done elsewhere) YES
Which statement best describes when the work is done? (The worker works regular days, hours or shifts or flexible working hours as agreed with the engager) YES
Does the worker advertise for work? NO
Does the engager require the worker to have Public Liability Insurance, or Professional Indemnity Insurance at the worker's expense? NO
Based on the information you have provided, the worker is an EMPLOYEE.
The result is based on the following grounds:
There is a low indication of substitution.
There is a high indication of control over the worker.
There is a low indication of financial risk.
There is a low indication of business structure.
2pints is obviously aware
"I don't have an archaeological imagination.."
Borekickers
I am hoping it will be resolved - and we can see the true standing.
I applied this test:
If the worker is unwilling to carry out the work personally, do they have any right to send someone else to do it? NO
Can the worker be told what to do - even when they are expected to know? YES
Can the worker be moved from task to task? YES
Can the worker decide how the work is done? NO
Is the worker a skilled person or expert in their field? YES
Is the worker required to provide the major items of equipment needed to do the work apart from minor items of equipment or those tools of the trade that workers customarily provide? NO
Does the worker pay the cost of all materials or supplies required for the work without being reimbursed? (Not including minor items and consumables) Not applicable
Which of the following best describes how the worker's main income is made up? (Regular payment based on an hourly, daily, weekly or monthly rate) YES
What is the statement that best describes where the worker does the work? (The work has to be done at a certain place and cannot be done elsewhere) YES
Which statement best describes when the work is done? (The worker works regular days, hours or shifts or flexible working hours as agreed with the engager) YES
Does the worker advertise for work? NO
Does the engager require the worker to have Public Liability Insurance, or Professional Indemnity Insurance at the worker's expense? NO
Based on the information you have provided, the worker is an EMPLOYEE.
The result is based on the following grounds:
There is a low indication of substitution.
There is a high indication of control over the worker.
There is a low indication of financial risk.
There is a low indication of business structure.
2pints is obviously aware
"I don't have an archaeological imagination.."
Borekickers