Horse & Hound

Is it time to name and shame non-payers?

Grooms highlight the importance of having the right employment status

- By ELEANOR JONES

GROOMS being left without payment is one more example of the importance of employment status, an expert has warned.

A freelancer, who did not want to be named, contacted H&H to ask what can be done when employers refuse to pay.

“I’ve worked hard for clients to make sure my name is well-known and good,” the groom told H&H.

“At what point can we start naming and shaming? What else can we do to get our money? Most people know grooms do it as a passion, but we still need to live!”

The groom cited a rider who “gave me my P45” when she asked for time off as a family member was ill, then did not pay her for a further week she worked for him. The other was an “old friend”, who over-paid for one month’s work but paid nothing for the second.

Lucy Katan, founder and executive director of the British Grooms Associatio­n (BGA) and the Equestrian Employers Associatio­n, told H&H many such disputes arise from incorrect employment status.

“It’s rife in our industry,” she said. “So many people tell staff they’re self-employed when they’re not, which is wrong, and risky.

“Individual­s and employers could have to pay unpaid tax or penalties if the status is wrong.”

Ms Katan said grooms share responsibi­lity with employers.

“The employer’s dodging tax as he’s not going through PAYE and the groom’s dodging it because you pay less tax if you’re selfemploy­ed, so it’s very frowned upon by the taxman.”

She said for non-payment, freelancer­s should take the small claims court route. Employed grooms must contact HMRC.

“If there’s evidence the work’s been delivered and the invoice submitted, you will win,” she said.

“But employers: if you don’t pay and end up in court, there’s every chance other areas of your business could be highlighte­d.”

British Horse Society (BHS) membership director Emma

Day said: “The equine industry contains many self-employed individual­s, and it is important written contracts are in place to protect employer and employee.

“[This applies] even if you are working on a short-term contract, or for friends. There is a lot of guidance on how to draw up contracts online or through equine membership­s, including the BHS’s gold package. Legal advice can also help if matters haven’t gone according to plan.”

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