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Discuss Self employment & Pimlico Plumbers court case ... in the Business Related area at ElectriciansForums.net
Absolutely. However I cannot see how he is not an employee rather than just a "worker". Clearly he was not self-employed despite being paid through CIS etc.
They will also be liable for Employer's NI! No sympathy for Pimlico or that disease of a man Charlie Mullins.the bloke who founded pimlico plumbers was on the news tonight, the guy who brought the court case was self employed for NI, tax and all HMRC purposes. But when he had a heart attack wanted paid sick leave and they said nope... you are self employed. so he took them to court... It seems he was happy being self employed for tax purposes to keep his money but when it suits wanted his cake and to eat it....
The owner is now writing to HMRC asking them to revisit the blokes tax affairs in light of the decision saying if he was an employee then back date his taxes accordingly! he cant have it both ways..... [personally I would take it on the chin and pay out, the amount they charge to hire out plumbers and sparks its water off a ducks back for them.
There is no evidence that he was complicit in the bogus self-employment. I suspect Pimlico force all of their employees to illegally pretend that they are self-employed.An interesting argument. The branded product the forcing of hours and trackers would lead most people to believe he is indeed employed by a company, but then not paying PAYE, full national insurance rate as an employee would etc would point to being self employed. Not sure I really like either of them as both seem to want there cake and eat it.
If the supreme court are saying he was indeed "employed" and should be entitled the protection (haha) that can offer then surely the both parties are guilty of tax fraud ?
The cowboy spark firms (95% of them) will insist the PAYE 'employees' provide everything themselves. All tools etc. Just like it's very common to see a forklift driver bringing his own forklift to work every morning and that Secretary always brings here desktop p.c to work on the train. The Numptys will always respond with extra numptiness when you impose regulation on them. Its known as Numptys Law.