Self Employed Email
Author
Discussion

Holty38

Original Poster:

8 posts

169 months

Monday 30th April 2012
quotequote all
Good morning, I am self employed working for a company on a commission only basis. What the company has decided to do is have access to my work emails to make sure I am sending out the correct information etc. They are able to view it any time they want. Even though I have nothing to hide, I disagree with this. What are your thoughts.

Many Thanks
Tim

littleredrooster

6,112 posts

218 months

Monday 30th April 2012
quotequote all
Common enough practice, it would seem. I joined a company as an IT Manager and found that their policy was to take a copy of every email sent or received. One of the bosses used to do little else other than scan them all day.

KrazyIvan

4,341 posts

197 months

Monday 30th April 2012
quotequote all
depends.

Is it their e-mail address or yours IE

bob@bigcompany.com

or

Bob@myhome.com

If they are providing you with an email account that has their name after the @, then I can see why they might want to check. If its your own e-mail account, then I would tell them to provide you with an account on their exchange system so they can monitor it like all other employees.

5705

1,165 posts

174 months

Monday 30th April 2012
quotequote all
Well, being self-employed means you can take it or leave it. (Just like so many other aspects.)

Can't blame the company for wanting to make sure that a sub-contractor's work is up to scratch.

Eric Mc

124,675 posts

287 months

Monday 30th April 2012
quotequote all
I wonder why they think you are self employed?

Too many businesses want their cake and eat it.

They want the "cheapness" and flexibility of not taking on a "proper" employee but they want the control that they would normally exercise over a "proper" employee.

I would tell them that if they are going to be so intrusive, they should take you on properly.


HMRC would use their attitude to your e-mails to attack them on the grounds that you should be properly taxed and NI'd under the PAYE system.

I have grave misgivings about people who think they are self employed when they are, in reality, not.


Holty38

Original Poster:

8 posts

169 months

Monday 30th April 2012
quotequote all
Hi Eric

I am self employed for them. I have no contract, but I do submit invoices to be paid for sales etc. I have to do my own NI and tax. We get 20% commission on whatever we sell, so it can be quite a good earner. Just don't like the idea they can look into my emails and suggest other ways and ideas on what to say in them to potential customers. I am on their exchange, so not my personal email.

Tim

davepoth

29,395 posts

221 months

Monday 30th April 2012
quotequote all
Holty38 said:
Hi Eric

I am self employed for them. I have no contract, but I do submit invoices to be paid for sales etc. I have to do my own NI and tax. We get 20% commission on whatever we sell, so it can be quite a good earner. Just don't like the idea they can look into my emails and suggest other ways and ideas on what to say in them to potential customers. I am on their exchange, so not my personal email.

Tim
If it's on their server then there's not much they can do - they can look at the email without your approval anyway. However, as is said above, your situation doesn't look very much like you are self employed - HMRC may have something to say about that.

Eric Mc

124,675 posts

287 months

Monday 30th April 2012
quotequote all
Holty38 said:
Hi Eric

I am self employed for them. I have no contract, but I do submit invoices to be paid for sales etc. I have to do my own NI and tax. We get 20% commission on whatever we sell, so it can be quite a good earner. Just don't like the idea they can look into my emails and suggest other ways and ideas on what to say in them to potential customers. I am on their exchange, so not my personal email.

Tim
Being self employed is not determined by the way in which you are paid or the way you (or they) chose to have you return your income to HMRC.

It is based on the nature of the relationship between who you work for and how they handle you as an individual.
The extent of the control they chose to exercise over an individual is a key factor in determining whther the individual is truly self employed or actually an employee.
The less control they exercise, and the more control YOU have on how you operate your affairs and the better the argument that you are self employed.

The first thing HMRC says is that you cannot exercise choice over your employment/self-employment status. It is a matter of fact, not choice.
There are many, many sale people who are paid commission but who are absolutely employees.

Holty38

Original Poster:

8 posts

169 months

Monday 30th April 2012
quotequote all
Okay, so if I am using their email as in I have an email address ending in their company name, can they technically look into it when they feel like it and make decisions? If I have missed something off in the email etc, they currently tell me before I actually send it out. This is what I don't like.

5705

1,165 posts

174 months

Monday 30th April 2012
quotequote all
Holty38 said:
Okay, so if I am using their email as in I have an email address ending in their company name, can they technically look into it when they feel like it and make decisions? If I have missed something off in the email etc, they currently tell me before I actually send it out. This is what I don't like.
If that's what they want to do, then yes, they can. Why ever should they not?

Use your self employed status to find another company to work with?

Eric Mc

124,675 posts

287 months

Monday 30th April 2012
quotequote all
Exactly - that's the fundamental; baddge of the truly self employed - freedom to do business with whomsoever they want.

worsy

6,442 posts

197 months

Monday 30th April 2012
quotequote all
Eric Mc said:
Being self employed is not determined by the way in which you are paid or the way you (or they) chose to have you return your income to HMRC.

It is based on the nature of the relationship between who you work for and how they handle you as an individual.
The extent of the control they chose to exercise over an individual is a key factor in determining whther the individual is truly self employed or actually an employee.
The less control they exercise, and the more control YOU have on how you operate your affairs and the better the argument that you are self employed.

The first thing HMRC says is that you cannot exercise choice over your employment/self-employment status. It is a matter of fact, not choice.
There are many, many sale people who are paid commission but who are absolutely employees.
Amen!

So OP, do you have

Performance appraisals?
Targets?
Management reviews?
A line manager?
HR processes?


Do you

Request a day off?
Work to a fixed schedule dictated by the company?
Use the company's IT kit?