Employment or self employment - which is this?

[sheilan]

Hi
Not sure if it's just me, but I seem to be seeing an increasing number of 'job adverts' which at some later point are then described as self employed......and are based within the voluntary/community sector.

An example follows, but I'd like to hear how others see this - employed, self-employed? (I'm sure I've read something on the hmrc wesite in the past re the test for self employment.)

Thanks for any thoughts.

Sheila

E.g. Project Development Officer
The xxxxxx Trust wish to appoint a Project Development Officer to implement the recommendations and actions in the xxxxxx Plan. Other responsibilities will include coordinating community consutlations and working with consultants, agencies and community members to develop the projects. For more information on the post, the full job description is available here.
Salary, hours, location are then specified along with this as part of the job description:
The successful applicant is expected to have an understanding of and an interest in community development, have a positive approach, and be able to work evenings and outside usual office hours. He/she should have the ability to communicate effectively at all levels and should have excellent negotiating skills. It would be desirable to have experience of project management, funding issues and financial planning or management.

A thorough understanding of the issues pertaining to yyyyyy is required. The post holder will require experience of working with/on behalf of community groups.

The post holder will require to be computer literate and able to work under his/her own initiative.

[Ali P]

Originally Posted by sheilan

Not sure if it's just me, but I seem to be seeing an increasing number of 'job adverts' which at some later point are then described as self employed......and are based within the voluntary/community sector.
An example follows, but I'd like to hear how others see this - employed, self-employed? (I'm sure I've read something on the hmrc wesite in the past re the test for self employment.)

The example cited is almost certainly "employed" since the information indicates that the employer controls the work, hours and payment.

The HMRC has all the relevant info here.

[sheilan]

My feelings too - but should I start challenging voluntary organisations/charities that try to cut their responsibilities this way - whether it is just re the burden of dealing with being an employer with HMRC or something else?

[Ali P]

It is up to them who and how they appoint as long as they do so lawfully.

Many of them don't appear to know what they are doing, though, and believe that by simply designating an appointee as self employed they are absolving themselves of responsibility. They aren't!

I'll ask DH when he comes in as he is an employment specialist and may be able to cast more light.

[Crank Parent]

Yup, I agree. They are paying a salary and specifying hours and work required so the person will be employed in the eyes of HMRC.

This is increasingly common and they are laying themselves open to all sorts of trouble.

[sheilan]

Thanks for the comments - don't know if it's just me, but over the years I seem to have this trick of running across organisations that I can't get my head around.....

- companies that recommend charities are set up to exploit the benefits of charitable status for their customers rather than using their income to pay

- organisations in receipt of EU funding (ERDF etc) that use the funding to pay consultancy fees to existing staff rather than benefit regional SMEs for example

- registered charities that can't tell the difference between employed & self employed

charities that deliver local authority services......

Do I just know how to pick them, or are these type of things widespread?

Sheila