The ease that Gabem can be contacted if required and the professional way that it's run. Also very few mistakes are made by payroll
Neil
Employed or self employed?
The foundation of our two new payment options is ensuring that you are legally self employed in the eyes of HMRC, something that is becoming increasingly tricky. To help you to determine your employment status, we've created the table below so you can see the factors affecting you and so you can decide step by step if you would be classed as self employed or as an employee.
The table is not just for people planning on using the Gabem self employed service, it applies to any and every contractor that is planning on working on a self employed basis with any company.
The key factors which are typically used to determine the employment status of a contractor are: control, financial risk, mutuality of obligations, and substitution. The following table is provided to help you determine whether you would be considered employed or self-employed.
What does it mean to be self employed?
Self Employed
Employed
Control (the right to control)
• You can decide how to do your work (except where the instructions concern health and safety issues) as long as you complete the work to the engager's satisfaction
• You decide what tasks need to be done within the general job specifications given by the engager
• When the output and deadline of the work has been agreed, you are left to complete the work as you see fit
• You cannot be moved between jobs without your agreement
• You don't have to inform anyone when taking holiday, meal breaks or sick paternity\maternity leave
• You are not required to work a specific number of hours but you have agreed deadlines with the engager by which time you need to complete the work
• You are required to work regular days, hours, shifts or flexible working hours as agreed with the engager
• You may be entitled to receive overtime
• If priorities change, you can be moved to different sites or tasks at any time by the engager
• You are instructed, by the engager, on how to do your work
• You may be entitled to receive training (at the engager's cost) for the work you do
• You have to seek permission to take holiday
• You are entitled to receive sick pay, paternity pay or maternity pay
Mutuality of Obligation
• You can refuse work offered to you
• You are responsible for finding your own work
• You can negotiate a price for each different job you undertake
• You cannot be moved between jobs without your agreement
• Once an agreed engagement is completed, the engager is not obliged to offer you further work
• You cannot refuse work offered to you by the engager
• You cannot refuse to work at a different location (assuming out of pocket expenses are paid)
• You are entitled to give and receive notice
• Once one task is complete, your engager is obliged to offer you further work and you are obliged to accept further work offered
Substitution
• You have the right to send a substitute to complete your work and this right is reflected in reality
• You have the right to use a helper to assist in the completion of your work at your own cost
• You provide personal services
• You cannot send a substitute to do your work in your place
• You cannot bring in a helper to assist you in completing your work
Financial Risk and Reward
• You negotiate your rates with the engager at the outset of the work and are not paid for time not worked
• You have to pay for/provide all your own tools and equipment
• If you are required to rectify defective work, you would provide the necessary labour and or materials at your own expense
• You are required to hold your own Public Liability insurance
• You can make a profit or loss on any contract
• You invoice the company for all revenue
• You pay for your own work-related training
• You bear the cost of all administration for your business
• All tools, equipment or materials are provided by the engager
• You may receive expenses and overtime
• You are paid a regular amount based on an hourly, daily, weekly or monthly rate
• Where you are required to correct your own defective work, you will not be required to provide any materials or labour and you will be paid for the time spent correcting the work
• The cost of any training (including inductions) which are necessary for you to do the work is borne by the engager
So what now?
Hopefully now you've gone through the table, you will be able to make an easy decision on which of our payment options applies to you. If you are an employee, then a Gabem Umbrella Company suits you best, if you are self employed and working in construction then Gabem CIS is for you, and finally if you are self employed working outside construction Gabem Solo is what you're looking for.
We understand that this is a tricky and important decision so if you feel at all unclear about your situation our Customer Service Team will be happy to talk to you through things regardless of if you intend to use one of our payment options or not.
Just call the usual number 01798 861 100 or email enquiries@gabem.com