The Chartered Institute of Payroll Professionals
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Latest tribunal outcome relating to employment status 29 July 2021
A recent employment tribunal case looked at whether a worker would be classified as self- employed or as a ‘worker’, as the individual asserted that she should have been paid the National Minimum Wage (NMW) due to being a ‘worker’.
The tribunal found that she was not de emed a ‘worker’, due to a variety of reasons.
First, the individual was able to send a substitution to carry out work in her place and exercised this right on several instances. She did this without prior approval from the engager. Secondly, she took extended periods of time off work to visit relatives in Colombia and was not paid for the time she spent away. Additionally, she did not seek approval from the engager for her absences but simply notified when she was going to be away and sourced appropriate cover for the period of absence.
The individual also managed her own daily cleaning duties and was only supervised for a short period in the first couple of weeks. She was not subject to performance reviews or disciplinary procedures.
For all of the reasons listed above, the tribunal concluded that s he was not a ‘worker’ and subsequently, not eligible for the NMW.
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Fifth Self-Employment Income Support Scheme grant information 30 July 2021
Individuals who are intending to make a claim for the fifth Self-Employment Income Support Scheme (SEISS) grant will be able to make claims shortly.
They should search ‘SEISS’ on GOV.UK any time from the personal claim date they are provided with, up until 30 September 2021.
In order to confirm eligibility and make a claim, the following information is required:
• The turnover figure for a 12-month period from April 2020 to April 2021 • The turnover figure for 2019-20 or 2018-19, if required • The individual’s National Insuranc e (NI) number – this can be located via the HMRC app or an individual’s Personal Tax Account (PTA). Alternatively, the individual can liaise with their tax agent if they have one • The Self-Assessment Unique Taxpayer Reference (UTR) number – this can be located on an individual’s Self- Assessment papers, in their PTA or provided by an individual’s tax agent • Government Gateway user ID and password – to avoid delays, individuals should ensure they can log in to the Government Gateway prior to their personal claim date. Where an individual does not have an account, or has forgotten their details, they can follow instructions on GOV.UK by searching ‘HMRC services: sign in or register’. They should also check that their contac t details are correct in their Government Gateway account • The individual’s bank account number and sort code – for building society accounts, individuals should include the roll number if they have one
To assist those wishing to make a claim for the fifth grant, HMRC has published videos and webinars on the topic, which can be accessed here.
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The Chartered Institute of Payroll Professionals
Payroll: need to know
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