IR35 & HGV drivers in the film and TV industry

UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
1

There’s a company advertising on FB for HGV drivers to work in the Film and TV industry, the rates are very appealing:

“This job is on a self employed basis, but full time work. You get £17.50 per hour with a minimum of 5 hours for each production, if you do 2 productions on the bounce you get £175.00 even if both jobs only take 4 hours.”

But they claim that IR35 doesn’t apply to the Film and TV industry, even though the drivers will be driving client’s vehicles on the client’s insurance, and obviously on the client’s O-licence (though I guess they’ll get away with a restricted O-license licence here). Does anyone have any knowledge or experience to back up the company’s claim that these guys are not simply “disguised employees”?

BTW these vacancies are in the Surrey region if anyone was interested

2

I’ve a friend who works in tv and it’s right. You get given a short term contract which will end once that particular programme is finished. Anywhere from 6 weeks to 3 months is usual, then you sign up with another company on a different programme with a new contract and so on and so forth

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3

Ron jevis:
I’ve a friend who works in tv and it’s right. You get given a short term contract which will end once that particular programme is finished. Anywhere from 6 weeks to 3 months is usual, then you sign up with another company on a different programme with a new contract and so on and so forth

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Why isn`t that employment, that only lasts a short time, I wonder?

4

It’s how tv is run, everyone is self employed. All jobs are short term hence the contract for just the length of the show. When one finishes you’re not straight into another one as you don’t know how long the first one will take. You’ve then got a gap, you then more than likely end up working for someone else hence why you are classed as properly self employed.
The production companies have no full time staff other than a few close key people - every other position is hired just for the job in hand - then they don’t get snagged with sick pay and holiday pay if they don’t manage to win the rights to produce another show for ages.

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5

Doesn’t matter if it’s 3 days, 3 weeks or 3 years. If you’re working the same as an employee you’re an employee. HMRC have stated that if you have no financial interest in the lorry you’re driving so you’re not exposed to any losses or risk from running it you’re an employee.

6

Conor:
Doesn’t matter if it’s 3 days, 3 weeks or 3 years. If you’re working the same as an employee you’re an employee. HMRC have stated that if you have no financial interest in the lorry you’re driving so you’re not exposed to any losses or risk from running it you’re an employee.

You’re wrong.

If you work for a number of different employers over the course of the year, with breaks in between, you can be self employed. It doesn’t matter whether you are a lorry driver or not.
This new ruling wasn’t brought in to target lorry drivers it was brought in to target the self employed part of the economy as a whole.

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7

"Someone is probably self-employed and shouldn’t be paid through PAYE if most of the following are true:

they’re in business for themselves, are responsible for the success or failure of their business and can make a loss or a profit

they can decide what work they do and when, where or how to do it

they can hire someone else to do the work

they’re responsible for fixing any unsatisfactory work in their own time

their employer agrees a fixed price for their work - it doesn’t depend on how long the job takes to finish

they use their own money to buy business assets, cover running costs, and provide tools and equipment for their work

they can work for more than one client

You can check someone’s employment status:

online

How many of those 7 points apply?

“Employment status: Self-employed and contractor - GOV.UK” gov.uk/employment-status/se … contractor

8

Franglais:
"Someone is probably self-employed and shouldn’t be paid through PAYE if most of the following are true:

they’re in business for themselves, are responsible for the success or failure of their business and can make a loss or a profit

they can decide what work they do and when, where or how to do it

they can hire someone else to do the work

they’re responsible for fixing any unsatisfactory work in their own time

their employer agrees a fixed price for their work - it doesn’t depend on how long the job takes to finish

they use their own money to buy business assets, cover running costs, and provide tools and equipment for their work

they can work for more than one client

You can check someone’s employment status:

online

How many of those 7 points apply?

“Employment status: Self-employed and contractor - GOV.UK” gov.uk/employment-status/se … contractor

Using what I believe is the correct definition of most, you need 4 of them then ?

Should be quite easy for anyone that works for more than one firm at different times ?

9

Use HMRC’s CEST tool to determine ones employment status, it most likely won’t give a definitive answer as it’s not fit for purpose.

10

Of course you’re not self employed in this example.

You work for one employer during the contract. (You can’t pop off mid production to do a bank holiday at Tesco I presume)
You dont bring your own equipment. (Would you employ a plumber if he expected you to provide his monkey wrench and blowtorch?)
You are not responsible for the equipment, or any losses because of its malfunction.
You do not advertise your availability as a driver, and get contacted by a company to hire you.