Taxi Driver Online

never come across it before

a driver gets the NMW hourly rate but invoices a base and drives thier car, doesnt pay any costs

whats his real status?

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Of all the things ive lost, i miss my mind the most

I would say it depends on how he informs HMRC of his earnings. If he fills in a self assessment as it stands at the moment HMRC will class him as self employed. If he gets paid under PAYE by a registered employer he will be classed as an employee.
However I remember many years ago my brother in law worked for a company and get a weekly payslip with his tax and National Insurance deducted but it turned out that his employer was not registered as an employer so the tax and NI was being pocketed by the boss. When HMRC completed their investigation and the chap went to prison, my brother in law, and the rest of the staff were all hit with a tax and national insurance bill that they had to pay.

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Grandad,
To support my charity text MAYORWALK to 70085 to donate £5

Pretty certain an Employment Tribunal would class the driver as an employed worker.

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IDFIMH

There are no hard and fast rules, and lots of factors need to be considered, but an hourly rate would certainly be a factor pointing towards employee status, as Sussex alludes.

And the arrangements made by the driver and the firm aren't the end of the story - I recall reading in the past about PAYE workers (not in the trade) actually being deemed self-employed by the courts. (Think it might have been in the context of whether the unfair dismissal legislation applied - it's not all about pay and holidays, etc.)

Of course, the trade debate is more about drivers contracting with firms as self-employed, and whether or not they should really be treated as PAYE employees.

If what the driver and firm agreed was the end of the story then we wouldn't be having the debate, and the Uber and Addison Lee tribunal/court cases wouldn't have happened.

There have been drivers here in my gaffe paid an hourly rate for years, but of course pre-Uber no one really bothered about these things, and indeed it still seems that the rules should only apply to the likes of Uber and Addy Lee

Quote:

There are no hard and fast rules, and lots of factors need to be considered

In fact there are

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Of all the things ive lost, i miss my mind the most

Note the word *probably* in the first line, which means that the list of factors can't be 'hard and fast'.

And while the listed factors themselves seem relatively straightforward, they're not nearly so easy to apply in practice.

Which in turn is why some of the court judgements on this kind of stuff can take an hour or more to read (which is why I never read them ), and the hearings themselves can last several days.

And why the opposing sides in such cases will provide pages and pages of research to support their case.

But I'm inclined to agree with you on this one, at least looking at the basic facts.

Then again, I've always been inclined to the view that if Uber drivers aren't self-employed then the vast majority of grassroots UK drivers aren't either

Im the other way inclined, anyone who owns a car should be S/E, anyone who jockeys shouldnt be

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Of all the things ive lost, i miss my mind the most

But it's now commonplace with folks with company cars for those cars to be owned by the individual rather than the firm.

Mainly for tax purposes.

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IDFIMH

so they have invested in thier employment...and it was always the way, id never heard of rented taxis till i moved here

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Of all the things ive lost, i miss my mind the most

Topic close to my heart.

After HMRC told me that the drivers who worked for my competitors were self-employed I decided it is all a farce.

Their conditions were;

You wear what we tell you'.

You work when we tell you.

You drive our car and take a percentage of your takings.

You cannot accept other work directly.

You can only join a rank when we tell you.

I am not sure how HMRC came to the decision that they are self-employed but they did.

I think the secret is get a good accountant who likes to work 'close to the edge' rather than the normal risk averse type.

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A member of the Hire or Reward Industry

Yet, in my old manor, 1 O/D got sick of competing against jockeys who did part time shifts thereby adding to the fleet on every shift he worked and complained to HMRC, 1 visit to the 2 bases in the town and all drivers who are not owners are now PAYE...

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Of all the things ive lost, i miss my mind the most

maybe its time HMRC introduced a CIS type card for non-PAYE staff?

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Of all the things ive lost, i miss my mind the most