Employee? Worker? Self-Employed? and IR35 Advice

For employers who incorrectly engage or contract with their work force they risk a challenge from HMRC for arrears of unpaid tax, national insurance plus fines and interest. And increasingly, employers run the risk of employment status claims in the employment tribunal from ‘self-employed’ individuals who claim they are in law employees or workers.

This is a complicated area of law that is easy to get wrong and is also currently receiving a lot of media, government and case law attention. The so called ‘gig economy’ has created a large number of workers, many of whom have wrongly been held out as self-employed. Recent employment tribunal and appeal decisions have highlighted how many of these self-employed individuals are actually workers entitled to paid holidays and the national minimum wage. Our case law summaries explain why the likes of Uber, Pimlico Plumbers and Addison Lee have all implemented business models that have left them open to challenge.

Contact Simon Quantrill if you want to know if your current or proposed business model is compliant from both an income tax and national insurance and employment law perspective. It is better that you know what the true position is now rather than to wait for an HMRC status audit or for an employment tribunal claim

Simon can advise you on what changes to your business model you may need to make to address any compliance or status issues.

Simon Quantrill can draft for your organisation, bespoke terms and conditions of engagement that are legally robust but also strike the right balance to be fair and reasonable for the worker.

• Casual workers
• Zero hours
• Freelancer agreements
• Sub-contractor agreement
• Bank contract
• Self-employed contractor