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scott_w | 3 days ago
- They have an employment contract, so are an employee, not a self-employed contractor.
- There are limitations on who else they could work for.
- In practice, if they're called up to work last-minute, they can't say "no."
For most 0-hour contracts, like retail, trying to setup your employees as self-employed contractors doesn't work because it's a blatant violation of the law. HMRC will come after you for employer's NI as you have disguised employees.
Uber is a very different model because the way they setup the working arrangements allows them to keep taxi drivers outside the scope of disguised employees.
nickdothutton|3 days ago
[1] https://www.gov.uk/government/publications/zero-hours-contra... (last para.)
scott_w|3 days ago
varispeed|3 days ago
That's such a classist term. Surely little working class person cannot have its own business, it's disguised employment! It's like micro agency with resource of 1. But somehow we don't say agencies run "disguised employment", because the profits are going to the rich shareholders instead of filthy unwashed pleb.
scott_w|3 days ago
Disguised employee is the term used when a person fits into the legal definition of an employee but are contracted, as opposed to being employed. HMRC sets out the conditions it uses to determine this for tax purposes, which you can find on their website.
> But somehow we don't say agencies run "disguised employment",
No, they're not "disguised employment" because the contract terms and working conditions differ to that of an employment contract. It's nothing to do with class.
Plumbers, electricians and joiners will typically run self-employed or private limited companies for their work. We don't call them disguised employees because they're not, they're independent contractors. Because "disguised employee" is nothing to do with class.