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Dear Richard I’m writing as GEM list owner. Of course it is important to address issues like this. In the future though I think it would more _courteous_ of you to email the person or organisation involved off list first, voicing your concerns, and have a dialogue with them. If you remain unsatisfied with their response, that would be the moment to raise the issue publicly. Sometimes, people will initiate a discussion via the GEM list, raising concerns about a particular post. In that case, messaging via the list is the only way to do it, as otherwise no one else will be able to join in - but it is usually been done in a more conciliatory way. I think it matters how people express themselves in our forum. To take an extract from your opening email: “Sorry, London Transport Museum, but this is most definitely NOT a proper ‘freelance’ opportunity, and I really don’t think that HMRC would regard it as such. You see….” This opening line is flippant and patronising. I think that if you are raising a serious issue you should do so with respect for others’ feelings, especially in a forum involving 1700+ people. Martin ---------------------------------------------------- Martin Bazley Digital heritage consultant Martin Bazley & Associates 82B Melbury Gardens West Wimbledon SW20 0DN 0780 3580 727 [log in to unmask]<mailto:[log in to unmask]> www.martinbazley.com<http://www.martinbazley.com/> From: "List for discussion of issues in museum education in the UK." <[log in to unmask]> on behalf of Richard Ellam <[log in to unmask]> Reply-To: Richard Ellam <[log in to unmask]> Date: Friday, 22 February 2019 at 13:29 To: "[log in to unmask]" <[log in to unmask]> Subject: Re: GEM job ad: Early Years Delivery Freelancers - London Transport Museum Dear Holly and all You may know that HMRC has on its website an on-line tool, in the form of a questionnaire, that allows people to check their employment status for tax purposes. You can find this at https://www.tax.service.gov.uk/check-employment-status-for-tax/cluster/5/element/3 Its free and simple to use. Using information taken from the LTM’s job description for this role I have just completed this questionnaire. The questionnaire comes back with the unambiguous result that ‘This engagement should be classed as employment for tax purposes’ In other words HMRC doesn’t think that this is a proper freelance job. Is GEM still prepared to carry this advert without referring it back to the LTM, when it seems that these roles have been erroneously described as freelance positions? I’m sorry to say that I also disagree about the idea that there is anything wrong with calling out people who abuse, whether from ignorance or otherwise, contracts of employment. I do not think that there is anything wrong in drawing public attention to organisations that make mistakes over the employment status of temporary, casual and part-time workers. Getting this wrong can mean breaking the law, and ignorance is not an excuse for this. The consequences of finding oneself on the wrong side of HMRC in a dispute over workers’ employment status can be significant as an organisation that gets this wrong can expect to have to pay HMRC significant penalties in addition to making good HMRC's assessment of the shortfall in tax and NICs due. Very few if any organisations in the heritage sector have the financial strength to withstand having to make a substantial settlement to HMRC so getting this wrong could pose an existential threat to many employers in the sector. Getting employment status wrong can hit the workers, too, because HMRC can demand that they also pay taxes and penalties if they are found to have benefitted from being wrongly classed as self employed. I think this really matters, and it matters enough that this community as a whole should police this, and not rely solely on GEM to do this work for us. It is simply a fact that many museums do not have access to good HR advice, and many museum managers are inexperienced in this area. If they look like they are getting employment status wrong then surely its far better for them to be warned on a list like the GEM list, where the worst they can expect is to be asked to take another look at what they are proposing to do than to end up in court facing a five or six figure demand from HMRC? Warning people about these issues should also help to alert people to them, and maybe suggest that before they go public with the advert for a ‘freelance’ role that they check it out with HMRC or their HR department. It also flags up issues that people considering applying for roles like these should be aware of. At the moment, as far as I know, there is no code of practise for the employment of freelance contractors within the museum sector generally , or within museum education. Perhaps there is a need for one? Best Regards Richard. Richard Ellam L M Interactive Science Shows and Hands-On Stuff [log in to unmask]<mailto:[log in to unmask]> www.lminteractive.co.uk<http://www.lminteractive.co.uk> On 22 Feb 2019, at 11:52, Holly Bee <[log in to unmask]<mailto:[log in to unmask]>> wrote: Dear all, We are sorry if a recent job posting has concerned any of you. GEM would not post a job if it did not meet legal requirements and will not be requiring further evidence in this case. However, if you do find any cases where you feel we’ve missed something, please do not hesitate to contact [log in to unmask]<mailto:[log in to unmask]>. Applicants are welcome to contact any organisation advertising a position to get more information about expected hours, autonomy over work, additional payments like expenses, and any other details that are unclear, to make sure that the post is right for them. The challenges of working as a freelancer, or in any role in this sector, are really important to raise, and organisations should of course be clear on what type of contract is best suited for their resources and requirements. However, as the sector continues to develop and learn in this area, we ask that concerns are raised privately and politely with organisations so that they can open discussions with concerned professionals and come to a mutually understanding conclusion. We feel that the GEM JISCMail, as a supportive and professional space, should not be used to “call out” and shame colleagues, particularly in the light of recent comments to GEM that at times our members have feared asking for help in case it provokes such a reaction. GEM, along with our members and partners, is talking in depth about the issues regarding pay and role definition that we all face. This will be a long process to tackle a complicated subject, but we hope that you all keep coming to us for support or discussion. We thank you for your patience as this process continues. For now, we hope you all have a restful weekend and thank you for taking part in the GEM community. We are here if you need to talk to us off-list. With very best wishes, Holly Holly Bee Education and Communications Manager, GEM www.gem.org.uk<http://www.gem.org.uk/>, +44 (0) 1634 853424 Visit the GEM website to find out about our training, networking and resources! From: List for discussion of issues in museum education in the UK. <[log in to unmask]<mailto:[log in to unmask]>> On Behalf Of Richard Ellam Sent: 22 February 2019 11:04 To: [log in to unmask]<mailto:[log in to unmask]> Subject: Re: GEM job ad: Early Years Delivery Freelancers - London Transport Museum Oh dear, it’s happened again! Sorry, London Transport Museum, but this is most definitely NOT a proper ‘freelance’ opportunity, and I really don’t think that HMRC would regard it as such. You see, in order to be able to truly claim that a role is freelance it has not only to be paid on a per session basis, but the people doing the work have to have rather more autonomy over their work than this job offers. the only autonomy granted is the freedom to decline to deliver sessions at particular times. In every other respect this role looks just like a salaried job, where you basically have to do what your employer tells you. This job is therefore NOT a freelance role which could legitimately be taken by a properly self-employed contractor. It is best describes as a casual or ‘zero hours’ contract, where the person is employed to undertake tightly controlled and specified work using equipment provided by the employer, but has no set hours of work and has the freedom to decline to work particular shifts. Requiring people employed on this basis to register as self-employed, as the LTM does, is in all probability an offence and the penalties that the museum could find itself facing for this would be considerable and would probably include both significant fines and reputational damage. Perhaps GEM should take the advert down form its website until it receives assurances from the LMT that HMRC is satisfied that this is a proper freelance opportunity and not an attempt (whether intended or not) by the LTM to cut its costs by avoiding the payment of employer’s NICs and pension contributions. If this is a genuine freelance opportunity ( and I think this is doubtful) I would expect the LTM to give some indication of how many sessions per month they expect to be able to offer, and hence an idea of the actual commitment they are seeking from their ‘freelance’ workers. And if this is a proper freelance job the fee, £150/day seems rather low for Central London. If you’re a proper freelancer running your own business you can only expect to be doing directly paid-for work about 60% of the time. the other 40% is taken up with running your business and finding work. If you reckon to work 46 weeks a year (like salaried people do) then you’ve got about 150 days a year when you can reasonably expect to be doing paid-for work. Now £150 x 150 days comes to £22,500 a year - not much for Central London, when you reckon that you’ve got to find your business expenses, and your travel, and pension contributions out of this. The London Transport Museum is a Big Brand, and its got powerful backers. They can surely do better than offering poverty pay for dodgy freelance deals. I wonder how much their chief exec is paid? Richard Ellam L M Interactive Science Shows and Hands-On Stuff [log in to unmask]<mailto:[log in to unmask]> www.lminteractive.co.uk<http://www.lminteractive.co.uk/> On 21 Feb 2019, at 15:49, GEM Office <[log in to unmask]<mailto:[log in to unmask]>> wrote: From GEM Office An advert for the following position has just been placed on the GEM website: Job Title Early Years Delivery Freelancers Organisation London Transport Museum Location London Salary/Fee £150 per day Type Freelance Closing date 17 March 2019 Please visit gem.org.uk/jobs<http://gem.org.uk/jobs> for more details of this and other job ads. Follow @GEM_jobs<https://twitter.com/gem_jobs> on Twitter. ________________________________ GEM, 54 Balmoral Road, Gillingham, Kent, ME7 4PG, UK Tel/Fax: +44 (0) 1634 853424 Email: [log in to unmask]<mailto:[log in to unmask]> www.gem.org.uk<http://www.gem.org.uk/> GEM is a registered charity number 1090995 and a company limited by guarantee registered in England number 4149246 ________________________________ This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 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