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Driver employment status: making sure you get it right

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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

Senior Traffic Commissioner’s document on legal entities