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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49820
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Can someone be an employee if they receive no remuneration

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Can someone be an employee if they receive no remuneration directly from their place of work but receive it via a third party?
Assistant: Where are you located? It matters because laws vary by location.
Customer: UK
Assistant: Has anything been filed or reported?
Customer: No
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: They received their money from a family member who they helped carry out their work

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Who pays the person is not really that relevant. Sometimes employers can process payments via a third party, for various reasons, but that does not mean the employee is employed by the party which makes the payments. What matters is who controls the employee. Who controls their work, what they do, issues construction, and so on. That is who determines if they are an employee of the company, even if they do not pay them.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 7 months ago.
Just a quick point of clarification. Would the control thing still be the case if the person received no remuneration directly and therefore paid no tax or NI?

Pay has very little to do with the employment status of a worker. It depends on the services they provide, the control test, the mutuality of obligation on provision of work and so on - not who pays them or what tax they pay

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