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PostPosted: Sun Apr 11, 2021 8:09 am 
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wannabeeahack wrote:
grandad wrote:
I hope that this will also extend to the use of escorts on school contracts. i am fed up with trying to compete with people who pay their escorts in cash at around £4-5 per hour.


County say ours must be PAYE but dont enforce and wont say if its for a whole trip or just while kids are onboard

Our encourage the use of unpaid volunteers.

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PostPosted: Sun Apr 11, 2021 11:58 am 
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grandad wrote:
wannabeeahack wrote:
grandad wrote:
I hope that this will also extend to the use of escorts on school contracts. i am fed up with trying to compete with people who pay their escorts in cash at around £4-5 per hour.


County say ours must be PAYE but dont enforce and wont say if its for a whole trip or just while kids are onboard

Our encourage the use of unpaid volunteers.


Aye...I just bet they do, it'll save them money.


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PostPosted: Sun Apr 11, 2021 12:17 pm 
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grandad wrote:
Our encourage the use of unpaid volunteers.


Till they realise youve technically "employed" them (not in a PAYE sense) by handing them work, then the fun starts

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PostPosted: Tue Jun 15, 2021 8:29 pm 
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My understanding of how this will work is that drivers will need to contact HMRC to get a code.

They then give that code to their licensing authority, who will have the facilities to check the code is a valid one.

But the no code no license is defo going to happen.

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PostPosted: Tue Jun 15, 2021 10:23 pm 
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wannabeeahack wrote:
grandad wrote:
I hope that this will also extend to the use of escorts on school contracts. i am fed up with trying to compete with people who pay their escorts in cash at around £4-5 per hour.


County say ours must be PAYE but dont enforce and wont say if its for a whole trip or just while kids are onboard
So what about self-employed hackney drivers? There's a few round my way on the Romney Marsh. At least 3 I know of and 38 private hire one-man bands.


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PostPosted: Tue Jun 15, 2021 10:26 pm 
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roythebus wrote:
wannabeeahack wrote:
grandad wrote:
I hope that this will also extend to the use of escorts on school contracts. i am fed up with trying to compete with people who pay their escorts in cash at around £4-5 per hour.


County say ours must be PAYE but dont enforce and wont say if its for a whole trip or just while kids are onboard
So what about self-employed hackney drivers? There's a few round my way on the Romney Marsh. At least 3 I know of and 38 private hire one-man bands.
We were talking about escorts on school contracts not drivers.

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PostPosted: Sun Jun 27, 2021 8:31 pm 
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According to TaxiPoint website it's coming to Scotland and Northern Island April 2023.

https://www.taxi-point.co.uk/post/manda ... ve-in-2023

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PostPosted: Mon Jun 28, 2021 1:39 am 
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Sussex wrote:
According to TaxiPoint website it's coming to Scotland and Northern Island April 2023.

https://www.taxi-point.co.uk/post/manda ... ve-in-2023

That was stated in HMRC's policy paper that you cited almost four months ago :wink:

On 5 March 2021, Sussex wrote:
HMRC have just published a Policy Paper in respect of the new law that will apply after April 2022.

https://www.gov.uk/government/publicati ... e-vehicles


HMRC wrote:
Budget 2021 announced that the government will extend this reform to Scotland and Northern Ireland from 2023.

Back then I suggested:

On 5 March 2021, StuartW wrote:
Interesting that it only applies to England and Wales in the meantime, but will be extended to Scotland and NI in 2023.

Because taxation stuff is still the responsibility of Westminster, I assumed it would apply equally throughout the UK. But I'm guessing the reason is that it will require changes to the devolved licensing legislation, so that's the domain of the Scottish Parliament and NI Assembly (I thought Wales was the same in that regard, but maybe not).


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PostPosted: Mon Jun 28, 2021 3:57 pm 
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I don’t post stuff to read myself.

:D :D :D :D :D :D

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PostPosted: Sun Jul 18, 2021 12:20 pm 
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perry wrote:
I put a post on here about 2 years ago.
Saying that all drivers including uber and private hire and Hackneys you should be registered self employed or have a paye number before the council issues you with a licence. And it didn't go down to well with some drivers on this forum i could tell by the reply posts i received.


Surely ubers (being cashless transactions) cant tell fibs and hide?

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PostPosted: Sun Jul 18, 2021 6:20 pm 
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wannabeeahack wrote:
grandad wrote:
Our encourage the use of unpaid volunteers.


Till they realise youve technically "employed" them (not in a PAYE sense) by handing them work, then the fun starts

our own escorts are employees but I I quoting for work against firms who pay a pittance because they are being clased as volunteers.

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PostPosted: Sat Jul 24, 2021 1:10 pm 
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Quote:
Dear Operator,

Employment of Drivers and Passenger Assistants

It is unfortunately necessary for us to issue a reminder to all contractors about the standards that we expect when employing drivers and passenger assistants on County Council contracts. All contractors must ensure that they are correctly determining the employment status for each and every member of staff, and then comply with all employment legislation. We strongly advise that contractors refer to the Government guidance at Employ someone: step by step - GOV.UK (http://www.gov.uk) and to take professional advice if needed.

When we conduct operator systems audits, particular attention will be paid to employment practices and action will be taken where we find any non-compliance.


Passenger Assistants (PAs)

In our view, PAs cannot be regarded as self-employed. All contractors have agreed to this when completing the pre-qualification questionnaire to join the Dynamic Purchasing System. Contractors must note the following key points:


Under no circumstances are PAs to be paid via the driver or employed by the driver. PAs must be paid directly by the contractor.
All PAs must receive at least the minimum wage. See National Minimum Wage and National Living Wage rates - GOV.UK (http://www.gov.uk)
In our view, PAs are Mobile Workers and their working time includes the entire time they spend on the vehicle – and not just the time that passengers are on board the vehicle.
An effective and auditable payroll or equivalent system must be in place that can evidence hours worked by PAs and wages paid including deductions such as National Insurance and PAYE income tax as applicable.
In the (in our view) exceptional circumstance a PA is engaged on anything other than a contract of employment, we would expect as a minimum there to be a record of Employment Status check for each individual concerned placed on file. This check can be obtained using the HMRC tool at Disclaimer - Check employment status for tax - GOV.UK . When determining employment status using this tool, contractors are responsible for answering the questions honestly and accurately.
A comprehensive personnel file must be kept for each PA – please refer to the “Special Conditions” at Schedule A Annex A of the DPS Terms and Conditions.

Drivers

It is the contractor’s responsibility to determine the correct employment status for a driver. We acknowledge this could depend upon, for example, whether they are an owner-driver or a driver engaged to drive a company owned vehicle. Employment status can be checked using the HMRC tool at Disclaimer - Check employment status for tax - GOV.UK . When determining employment status using this tool, contractors are responsible for answering the questions honestly and accurately.



Contractors must note the following key points:

As a general matter, PSV drivers cannot be regarded as self-employed.
Any self-employed owner driver of a Hackney Carriage or Private Hire Vehicle must be engaged under a contract of service. Verbal agreements are not acceptable.
Employed drivers must be engaged under a contract of employment.
There must be a clear record of payments made to drivers whether employed or self-employed.
Where drivers are engaged under a contract of service, we would expect to see those drivers submitting invoices to the contractor each month or each week for services provided, with a clear record of payment made.
We advise against cash payments where possible. However, where payments in cash are deemed necessary, there should be clear accounting records including receipting.
A comprehensive personnel file must be kept for each driver – please refer to the “Special Conditions” at Schedule A Annex A of the DPS Terms and Conditions.

When bidding for contracts, it is your responsibility as contractor to ensure that your pricing is sustainable and allows you to meet all of your contractual and legal obligations in respect of employing drivers and PAs.

If you have any queries about our contractual requirements please let us know. However, we will not advise on matters of employment and it is for contractors to take specialist advice as needed to maintain compliance with legal requirements.

Many thanks,



I think the rule makers need to get real, after all the above they still want a champagne service at lemonade prices, if ive a driver and P.A. in a car at 2 x £9/hr is the run going to cover 3hrs morning and 3hrs afternoon?

every tender sent to us has the "live" (loaded?) mileage as if thats the only factor in pricing, as if traffic and waiting at schools (mornings and afternoons) doesnt count, we do one where the pupil is onboard 20 minutes each way, but we are kept waiting outside 20 minutes mornings and afternoons, add that up over 39 weeks school year

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PostPosted: Mon Aug 09, 2021 11:59 am 
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all it means is shorter or emergency tenders wont get low bids, decent jobs will be meter + a bit

a 4 year fixed price won on a low bid will be handed back after 2 years if fuel prices keep rising like they are

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PostPosted: Mon Aug 09, 2021 12:02 pm 
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Quote:
As a general matter, PSV drivers cannot be regarded as self-employed.


But can be a 1 man agency driver I assume?

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