Employee Hours per month too many?

[ishfaqsangra]

Hi all

Just recruited a new employee for 30 hours a week.(across 3/4) days in a week on different contracted sites.
She explained during interview that she has her own company (joint director)but we did not ask for how many hours /salary she is claiming there.
After 1st month now she requested to pay her 20% tax on all gross salary as She is on her company pay role and getting a lum sum every month.
I advised my accountant accordingly who also updated that we received message from HMRC to change PAYE code.

Today I ask how many hours she claimed from her company last month which she responded as 120@minimum

This is practically not possible to do that many.What should we do or just let her claim whatever she is claiming from her business assuming it’s none of our business?
Should I ask her to complete an OPt Out form(under Working time directives)?
Should I give her a notice to leave?

Could this be an issue at ILR application?

[zimba]

As usual you are mixing up accounting matters with immigration requirements. She simply has asked you to adjust her pay in such a way that her tax free portion of her annual income will be claimed from the other company's pay, that is all.
There is NO hours claimed for payment of salary. I can work ZERO hours and get paid millions from several companies, however for most people that is usually not how it works out contractually. They work for certain hours and get paid accordingly.
She can get paid by her company as well as your company. This should not have any implications on you claiming her employment towards your visa application

[ishfaqsangra]

Thanks Zimba for your input
Although it is an accounting matter but you will appreciate that Tier1 Enterpreneurs category involves a lot of accounting issues which we somehow need to discuss or understand.

We have updated accordingly and her salary will be deducted at standard 20 % tax.

I was just confused with Working time Directive(Hower I think directors or management executives are excluded from this) as She showed me her own company payslip for January where she claimed 120 hours so that’s why I thought 132+120=Too many

I ,However,advised her to please increase rate and reduce hours in her own company which she agreed to discuss with her accountant.

Thanks all for their valuable suggestions in advance.

Regards

[kaps84]

Is it a valid scenario from T1E visa perspective?
Can you have an employee working with two businesses full time?

Maybe this scenario is new to me, hence a bit difficult to grasp.

[natsha]

Doesn't Matter if anyone working 1 2 3 4 companies, You needs just follow your company rules and HMRC requirements. whatever code came from HMRC Just Put her payslip and let her know you got a letter from HMRC new code.

If she working your company more 48 hours then you need to sign OPT OUT.

MY one employee working 240 per month but HO will take 130 that's no issue.

One employee doing 30 hours different company and my company 15 hours part-time, she also works as a self-employed.

Only I think happened she will pay TAX lot that's her problem. you need follow gross salary, not net salary.

[ishfaqsangra]

Is it a valid scenario from T1E visa perspective?
Can you have an employee working with two businesses full time?

Maybe this scenario is new to me, hence a bit difficult to grasp.

She is the boss of her own business ,we have updated the tax code and will do the tax @20 % from this month.How much she works for her own business and how many hours she claims ,we have no control over it.she has been advised to discuss with her accountant and make it more realistic.

We as a business have no issues as we are paying through BACS and she is visiting multiple of our contracted sites.Contract for 30 hours per week in place.refrences taken,all sorts of docs.

I just shared with the forum because this was something new I came across .