County wouldnt state if a pupil escort should be paid whilst IN the car or only while a pupil is in the car...
and i cant make my wife a business partner, nor can i incorporate and keep contracts without paying £1700 legal fees
HMRC:-
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Check you need to pay someone through PAYE
You usually have to pay your employees through PAYE if they earn £120 or more a week (£520 a month or £6,240 a year).
County:-
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It is a legal requirement to pay the minimum wage to all of those entitled to it by the legislation. We would remind operators that our contract conditions specifically require Passenger Assistants (PAs) to be paid at least the minimum wage and that we reserve the right to require proof of payment of minimum wage to PAs. It is the operator’s responsibility to ensure that PAs are paid for all of their working time, which may extend beyond the periods that passengers are on board the vehicle.
Operators should also note that it is a breach of contract conditions to pay PAs via a driver. For clarity – all PAs must be employed by the operator and paid directly. Where we find instances of PAs either not being paid the minimum wage or being paid via a driver, compliance proceedings may result.
We would also like to take this opportunity to remind operators that we expect and require all staff to be engaged under written contracts – engaging staff under verbal contract only is not acceptable.