Dear all
HMRC has clear guidance on what constitutes an employee compared with
a freelance contract. The decision is based on the actual conditions
of employment, not what is convenient for the employer. If for example
someone is required to go to the same place of work every day, cannot
determine their own hours, cannot subcontract work and does not have
control over their own workload, they are probably an employee for the
purposes of tax and national insurance. It's really important that
employers understand this or they could get in serious trouble with
the tax office.
The straightforward version of the guidance is at
https://www.gov.uk/employment-status. It's also worth noting that tax
law and employment law offer different protections. Therefore someone
could be defined as self employed for tax purposes, yet an employment
tribunal or court could decide that they are an employee for
employment rights purposes.
Best wishes
Emma
Emma King
Museum Consultant
07950 340048
www.emmakingconsultancy.co.uk
@emmaking01
Quoting Rebecca Swan <[log in to unmask]>:
> Sorcha,
>
> I don't wish or intend to be rude to anyone but it really must be
> appreciated that freelance status is exactly that. It brings with it
> many advantages; freedom to choose the contracts and working
> days/hours, and ability to work from home where possible to name but
> a few. But also disadvantages; overheads, no pension contributions,
> no holiday or sick pay.
>
> So while there is definitely room for friendly discussion I also
> feel it is important to make it clear that freelancers need to
> treated as freelancers with a decent rate of daily pay; unless we
> choose to take a short-term contract in which case we should receive
> the associated securities. So picking up on your point about there
> being administrative parameters maybe we could request that the HLF
> and local councils address this issue, making it clear about exactly
> what can and should be offered with regard to short-term contracts
> bearing in mind the constraints and costs that a freelance position
> will hold.
>
> Regards
> Rebecca
>
>
> ________________________________
> From: S Ni Foghluda <[log in to unmask]>
> To: [log in to unmask]
> Sent: Tuesday, 3 February 2015, 16:07
> Subject: Re: Freelance project officer
>
>
>
> Hi,
>
> Thanks Martin for taking the time to work that out! Hopefully it'll
> give people a bit of pause for thought.
>
> Sometimes with HLF-funded projects, jobs end up having to be
> advertised as freelance contracts when in practice they are a
> fixed-term contract. Especially with local councils where often it
> isn't possible to create a new temporary employee position.
>
> It can be a less than ideal situation for all sides but sometimes
> you just have to try and work around things.
>
> I'm always up for a friendly discussion about freelance day rates
> (especially if there's a switched on kettle nearby!), but please
> remember that shoot-from-the hip expressions of disgust at the day
> rate will also be picked up by the people who posted the job. Who
> might find the response a bit upsetting!
>
> All the best,
>
> Sorcha
>
>
>
>
> On 3 Feb 2015, at 15:28, Martin Bazley <[log in to unmask]> wrote:
>
> If it's full time for a year, then [calculator… £110 (per day) x 5
> (per week) x 52 (per year)] doesn’t that equate to an annual
> 'salary' of £28600? It would be different if that rate was for a
> couple of days' work.
>>
>> I think the key point (Liz just said it too) that it looks more
>> like a post than a freelance contract. But I think it may be
>> allowable up to a year isn't it, provided you haven’t just been
>> fully employed there?
>>
>> I haven't had my afternoon coffee break yet, so am probably at
>> least one biscuit short of a full set of brain cells - kettle going
>> on now…
>>
>>
>> From: List for discussion of issues in museum education in the UK.
>> [mailto:[log in to unmask]] On Behalf Of Rebecca Swan
>> Sent: 03 February 2015 14:58
>> To: [log in to unmask]
>> Subject: Re: Freelance project officer
>>
>> What a joke of a payment for the experience required. £110 a day
>> including paying your own tax. I'd be amazed if any self-respecting
>> freelancer would even be able to afford to think about applying.
>>
>> Rebecca Swan
>>
>>
>> ________________________________
>>
>> From: Westwood Leeanne <[log in to unmask]>
>> To: [log in to unmask]
>> Sent: Tuesday, 3 February 2015, 14:29
>> Subject: Freelance project officer
>>
>> Apologies for cross posting
>>
>> Valence House is looking for a freelance project officer for
>> its Fifty years a borough project. Please see the Job description
>> attached.
>>
>> Please direct any queries to:
>> Clare Sexton
>> Barking and Dagenham Archives and Local Studies Centre
>> Valence House Museum
>> Becontree Avenue
>> Dagenham
>> RM8 3HT
>>
>> For any enquiries with regards to this role please contact:
>> [log in to unmask] or call 020 8227 5221.
>>
>>
>> Leeanne Westwood | Museum Curator | Heritage Services
>> Valence House Museum, Becontree Avenue, Dagenham, RM8 3HT
>> Phone: 020 8227 5222 | [log in to unmask]
>> Twitter: @valencehouse | Facebook: /valencehouse
>> London Borough of Barking and Dagenham
>> One borough; one community; London’s growth opportunity
>>
>>
>>
>> E-mail confidentiality notice. This message is intended for the
>> addressees only. It may be private, confidential and may be covered
>> by legal professional privilege or other confidentiality
>> requirements. If you are not one of the intended recipients, please
>> notify the sender immediately on +44 0 20-8215-3000 and delete the
>> message from all locations in your computer network. Do not copy
>> this email or use it for any purpose or disclose its contents to
>> any person:to do so maybe unlawful.
>> + + + + + + + + + + + + + + + + + + + + GEM list: Contact the list
>> owner for assistance at [log in to unmask] information
>> about joining, leaving and suspending mail (eg during a holiday)
>> see the list website
>> athttps://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=GEM + + + + + + +
>> + + + + + + + + + + + + +
>>
>> + + + + + + + + + + + + + + + + + + + + GEM list: Contact the list
>> owner for assistance at [log in to unmask] information
>> about joining, leaving and suspending mail (eg during a holiday)
>> see the list website
>> athttps://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=GEM + + + + + + +
>> + + + + + + + + + + + + +
> + + + + + + + + + + + + + + + + + + + + GEM list: Contact the list
> owner for assistance at [log in to unmask] For information
> about joining, leaving and suspending mail (eg during a holiday) see
> the list website
> at https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=GEM + + + + + + +
> + + + + + + + + + + + + +
>
> + + + + + + + + + + + +
> + + + + + + + + GEM list: Contact the
> list owner for assistance at [log in to unmask] For
> information about joining, leaving and suspending mail (eg during a
> holiday) see the list website at
> https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=GEM + + +
> + + + + + + + + + + + +
> + + + + +
>
> + + + + + + + + + + + +
> + + + + + + + +
>
> GEM list: Contact the list owner for assistance at [log in to unmask]
>
> For information about joining, leaving and suspending mail (eg
> during a holiday) see the list website at
> https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=GEM
>
> + + + + + + + + + + + +
> + + + + + + + +
+ + + + + + + + + + + + + + + + + + + +
GEM list: Contact the list owner for assistance at [log in to unmask]
For information about joining, leaving and suspending mail (eg during a holiday) see the list website at https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=GEM
+ + + + + + + + + + + + + + + + + + + +
|
