im not sure if i have come to the right place on the forum...
Basically i am a partener in a very sucessfull cleaning business and we are now getting so busy we have to employe...we would like to employ someone on a self employed basis but know you cant just say your self employed...we have someone in mind and she will buy her own products, she can choose when she wants to work (but really wants the money so will work all the hours), can have someone to work for her ( sister), she invoices us for the hours she works. is it best we have a cotract made between us and her stating these facts?
Marigold is a household name associated with cleaning products. Can the person you're hiring buy her products from suppliers of her own choosing?
You've said twice early on in the above passage that you have to employ someone. I'd avoid the word 'employ' if it isn't an employment. There will be a contract between you on every job she agrees to carry out, but you wouldn't have anything resembling a contract of employment.
On whether she employs anyone herself, or other signs of her autonomy, the facts will speak for themselves.
you need to make sure any contract is one 'for services' as opposed to 'of services' but even with a good contract HMRC could deem the contractor an employee and the onus is very much on you to be sure you are paying them correctly, ie as an employee or a contractor so getting the contract written up properly is a must. As Don says, if she has other clients it goes in your favour. The 'substitution of labour' clause is very important here and if you contract her business and she sends in someone else to do the work that really helps your case, however she then needs to employ the person she is sending in and we could be into a never ending spiral here! I would also be asking her for her UTR and a note of her accountant just so you have things on file to help you get the right decision in the event of an inspection as these things tend to go on a 'weight of evidence' basis.
lol RobH. We haven't really twirled moustache's before so no probs. A belated 'hello' -- I know you've been back a few weeks now and became familar with Dick Dasterdly's posts and the Three Amigos when I first got here.
Thanks for that....I think I left my brain at home and now realise the 'Don' in question is more Cervantes than Francis Ford Coppola...might get a donkey's head in the bed though!
