How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50165
Experience:  Qualified Solicitor
Type Your Law Question Here...
Ben Jones is online now

Good afternoon, I work in London since march as a live-in

This answer was rated:

Good afternoon,
I work in London since march as a live-in nanny. My employer hasn't paid any tax for me. I never got any payslips. I asked many times. She always give nonsense answers like it's going to be expensive, I don't want to pay extra... or she pretends it's going to be done but she ignores my requests... Above all of that my employer is a lawyer so she can't ignored the law at this point. I am french and honestly I don't want to live under the law in England as I am planning to start a business soon and also just because I am an honest person. I don't want to be caught by HMCR and end up with a criminal offence. What would you suggest ? Thank you very much in advance. K. ROY
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. First of all do you know if you are self employed or an employee?
Customer: replied 2 years ago.
I am an employee
Customer: replied 2 years ago.
Are you still online Ben ?
Yes I am here but I need to get my response ready
Customer: replied 2 years ago.
Great thank you
If you are genuinely an employee then the employer will have certain responsibilities under law in terms of paying your taxes. They would have to deduct them from your pay and pay them to HMRC. However, issues may arise if someone believes they are an employee when they are not and vice versa. You may be labelled as an employee but actually be self employed. There is no easy way to find this out so at first I suggest you go through this questionnaire: If you are an employee and the employer is not paying your taxes then you will have certain rights and can take matters further. I have prepared a response discussing your position and step you can take and can discuss this with you in more detail once you select a positive rating by selecting 3,4 or 5 stars on the page. Thanks and I look forward to discussing this with you further.
Customer: replied 2 years ago.
I had already checked and I can confirm I work under an employment contract. I am employed, not self employed.
Customer: replied 2 years ago.
If I select a positive rating now, it means our discussion is finished, isn't it ?
Customer: replied 2 years ago.
But I didn't get my answer...
No not at all, it will remain open so I can discuss this in more detail
Customer: replied 2 years ago.
All right. I wasn't sure...
Customer: replied 2 years ago.
What I am going to pay ? 56 that's all or extra ?
The deposit you paid, so yes the £56. ou do not appear to have a subscription so there should be n further payments.
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Customer: replied 2 years ago.
Can I give a positive rate here ? 4
Customer: replied 2 years ago.
Ben I am a bit confused with the way we are working. Are you still here ? Can we go futher in our discussion ?
Ok great, so you will have certain rights. These can be summarised as follows:· The employer will have a duty to pay your taxes for you by deducting them at source· If they have failed to do so then their actions can be unlawful· You may have some responsibility but it would depend on whether any taxes were deducted from your pay or not. If the employer had deducted the taxes but not paid them, this would really be their responsibility. If they never deducted the taxes and you kept the full amount, you may have some shared responsibility because you did not declare the taxable part. In the first instance you really need to contact HMRC and make them aware of this. The sooner you do this the better. HMRC can be understanding to an extent if you act quickly and this was not a case of tax evasion on your part but obviously an issue caused by the employer. You will probably be liable to pay any tax that has not been deducted and I would hope it is with no penalties. At the same time, if the employer has deducted the taxes but not paid them they would be liable and you should not have any further liability. Also do not worry about this being a criminal offence, the likelihood is that it will be treated as a civil matter by HMRC and you would just become liable for the unpaid taxes (if they were not deducted) – they usually only take more serious action if the tax remains unpaid.
Customer: replied 2 years ago.
Thank you very much Ben.
Customer: replied 2 years ago.
I understand better the situation. I think we will have a shared responsibility as I had asked a salary of 350 npw. She asked me to sign the contract really quickly. When I read it again I noticed the salary is not a net but a gross salary so it means by mistake I didn't pay.
Customer: replied 2 years ago.
I'll call HMCR tomorrow and will explain the situation.
Mistakes happen. HMRC knows that and their priority is to ensure you have paid the tax you are liable for. But at the same time the employer will have a duty to collect tax and pay it on your behalf so even if it was gross salary they should have deducted the tax element and paid for you so they will also have a duty. But as mentioned just contact HMRC and say you have unpaid tax that you wish to pay - they should hopefully just allow you to pay it
Customer: replied 2 years ago.
Thank you very much Ben. Can I give you a new positive rate now it's finished ?
Yes of course you can, thank you
Customer: replied 2 years ago.
I gave you a bonus as I can't rate you again. There is nothing anymore for rating at the top. Good bye Ben. Katia
No problem, it is much appreciated. Hope you get to resolve this.