Employed or self employed?

Employed or self employed?

Author
Discussion

JABB

Original Poster:

3,589 posts

243 months

Thursday 24th August 2023
quotequote all
I am hopefully about to start working with a new company on a part time basis. 30 hours a week, give or take. I will work this along side ( for now ) other work which I do for a couple of other companies and some private clients. I anticipate this to fade away leaving more work with the new company.

At interview they asked if I wanted to be employed by them, or self employed as a contractor.

I really don't know... What would the advice here be please?

Beetnik

527 posts

191 months

Thursday 24th August 2023
quotequote all

Panamax

5,099 posts

41 months

Thursday 24th August 2023
quotequote all
JABB said:
At interview they asked if I wanted to be employed by them, or self employed as a contractor.
Simple.

Do you want "rights" such as holidays, sick pay, pension and redundancy pay - while having the opportunity to set off genuine business expenses against your income,

or

Do you want the "security" of employment?

That's the bones of it.

Simpo Two

87,086 posts

272 months

Thursday 24th August 2023
quotequote all
Panamax said:
JABB said:
At interview they asked if I wanted to be employed by them, or self employed as a contractor.
Simple.

Do you want "rights" such as holidays, sick pay, pension and redundancy pay - while having the opportunity to set off genuine business expenses against your income,

or

Do you want the "security" of employment?

That's the bones of it.
But is the rate of pay the same?

What happens when your existing work and clients 'fade away' and then your employer decides to make you redundant? I like options, freedom and irons in fires.

JABB

Original Poster:

3,589 posts

243 months

Thursday 24th August 2023
quotequote all
Pay would be the same.

Countdown

42,057 posts

203 months

Thursday 24th August 2023
quotequote all
JABB said:
Pay would be the same.
Go self employed. The tax advantages are significant

DaveA8

681 posts

88 months

Friday 25th August 2023
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You can’t just say “I’m employed” or “l’m self employed”

The facts determine it and no potential employer can just decide either. In all probability it would never even be picked up but there is a chance.
It often suits an employer to frame something as self employment, the only thing you need to consider is your position re liability for tax/NI etc.

CraigyMc

17,111 posts

243 months

Friday 25th August 2023
quotequote all
JABB said:
I am hopefully about to start working with a new company on a part time basis. 30 hours a week, give or take. I will work this along side ( for now ) other work which I do for a couple of other companies and some private clients. I anticipate this to fade away leaving more work with the new company.

At interview they asked if I wanted to be employed by them, or self employed as a contractor.

I really don't know... What would the advice here be please?
This feels like a question about IR35 regulations. If you have only one client it is likely you are really just an employee of that client.
If you have more than one client then there is a reasonable case for saying you aren't employed by either of them, rather you work for your own company.

Eric Mc

122,856 posts

272 months

Friday 25th August 2023
quotequote all
JABB said:
I am hopefully about to start working with a new company on a part time basis. 30 hours a week, give or take. I will work this along side ( for now ) other work which I do for a couple of other companies and some private clients. I anticipate this to fade away leaving more work with the new company.

At interview they asked if I wanted to be employed by them, or self employed as a contractor.

I really don't know... What would the advice here be please?
HMRC states categorically that whether you are employed or self employed is not a matter of choice but a matter of fact.

Eric Mc

122,856 posts

272 months

Friday 25th August 2023
quotequote all
CraigyMc said:
This feels like a question about IR35 regulations. If you have only one client it is likely you are really just an employee of that client.
If you have more than one client then there is a reasonable case for saying you aren't employed by either of them, rather you work for your own company.
No, it’s not about IR35. IR35 applies when an individual operates through an “intermediary “ entity, such as a limited company.

This is about an employer offering a newly hired individual the choice as to whether they want to be engaged as an employee or as a self employed individual.
Tax law says they are not allowed offer that choice.

Steve H

5,780 posts

202 months

Friday 25th August 2023
quotequote all
Countdown said:
JABB said:
Pay would be the same.
Go self employed. The tax advantages are significant
Assuming that there is a grey area where either course could be taken, it may be possible that the OP could benefit from the tax advantages of being self employed in billing his other clients while also getting the employee benefits (holiday/sick/pension etc) of being employed by this one.

Actual

1,037 posts

113 months

Friday 25th August 2023
quotequote all
JABB said:
Pay would be the same.
But between employed and self-employed the pay can't be the same.

How much and who pays any of PAYE, corporation tax, self-assessment, VAT, NI, Employer NI, employer pension contribution, holiday pay, public liability insurance, professional indemnity insurance, limited company costs, accountancy costs, liability and risk and the actual pay.

Considering that lot means it is impossible to know if the pay is the same.

Employers have to do so much for their employees why would you wnat to be self-employed?


CraigyMc

17,111 posts

243 months

Friday 25th August 2023
quotequote all
Eric Mc said:
CraigyMc said:
This feels like a question about IR35 regulations. If you have only one client it is likely you are really just an employee of that client.
If you have more than one client then there is a reasonable case for saying you aren't employed by either of them, rather you work for your own company.
No, it’s not about IR35. IR35 applies when an individual operates through an “intermediary “ entity, such as a limited company.

This is about an employer offering a newly hired individual the choice as to whether they want to be engaged as an employee or as a self employed individual.
Tax law says they are not allowed offer that choice.
They aren't allowed a choice of opening an umbrella company to service multiple clients, or to be employed by multiple employers?

I very much doubt "tax law" says that. Show your proof please.

Eric Mc

122,856 posts

272 months

Friday 25th August 2023
quotequote all
I am not referring to IR35 or umbrella companies.

Simpo Two

87,086 posts

272 months

Saturday 26th August 2023
quotequote all
Do all the wondrous advantages of being an employee - free medical care, paid holidays, free pension, use of the director's wife on Saturdays etc - start on Day 1 or is there a period before the expiry of which the hapless employee can be booted out with nothing?

As alluded to above, I don't see how the rate of pay can simply be 'the same' - how did they phrase it?

Countdown

42,057 posts

203 months

Monday 28th August 2023
quotequote all
Simpo Two said:
Do all the wondrous advantages of being an employee - free medical care, paid holidays, free pension, use of the director's wife on Saturdays etc - start on Day 1 or is there a period before the expiry of which the hapless employee can be booted out with nothing?

As alluded to above, I don't see how the rate of pay can simply be 'the same' - how did they phrase it?
All of the ones we have start from Day 1 (apart from sick leave which starts after 1 month)

IME if you are self employed then your hourly rate would be higher to compensate for all the "Employee benefits".

sgrimshaw

7,419 posts

257 months

Monday 28th August 2023
quotequote all
JABB said:
Pay would be the same.
No way Pedro wink

Hourly rate (since we're talking about a contractor) should be a lot higher for a contractor than an employee ..

Have a play with this:

https://accountingservicesforbusiness.co.uk/true-c...

Even without considering Office Costs and Other Costs, you'll see it actually costs the company over 1.6x the basic salary to employ someone ... for a contractor, they pay just the actual hours worked.


anonymous-user

61 months

Monday 28th August 2023
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As self employed you might find getting a loan or mortgage more difficult. There are lots of subtle issues with being self employed which are all surmountable if you have the interest. I know some friends who have made it work. I've done both but at my age I tend towards staff just because I can't be arsed.

CraigyMc

17,111 posts

243 months

Monday 28th August 2023
quotequote all
Eric Mc said:
I am not referring to IR35 or umbrella companies.
IR35 is directly relevant to this question.

Eric Mc

122,856 posts

272 months

Tuesday 29th August 2023
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In what way?
IR35 is not an issue for the “self employed”?