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Driver employment status: making sure you get it right

It’s rare in road haulage for someone to be genuinely self-employed unless they’re an owner-driver
The way that some drivers are employed in the haulage industry continues to cause problems for operators.
Take this example. A business recently advertised for a new driver and received 31 applications.
29 of these were from limited companies, which had been set up by drivers.
HMRC believe that some employers are wrongly treating workers as self-employed or hiring them through their own companies.
These practices don’t comply with tax laws and lead to unfair competition between operators.
HMRC has issued detailed guidance on employment status.
In general, someone is self-employed if they’re:
• in business on their own account
• bear the responsibility for the success or failure of that business
They’re employed if they:
• personally, work under the control of their engager
• do not run the risks of having the business themselves
If you’re involved in recruiting employees, you can get more information from

HMRC’s guidance on employment status
Traffic commissioners: legal entities, November 2018

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