[Ryan_B84]

Hi Guys,

We've set up a cleaning company that concentrates mainly on end of tenancy cleans and want to get a couple of people on board, self employed to help with the workload. Our concern is that if we provide these self employed cleaners with materials and equipment they could use the equipment and materials elsewhere or worse just disappear with them.

Has anyone had any experience with this? We have thought of asking them to provide their own equipment and materials and put a little extra on their wages to cover it...any thoughts?

[Simon@arenaclean]

This may not be your only problem, if they work exclusive to you they are effectively employed. If they have clients of their own then fine they should also have equipment, insurance etc so you will simply be using their services which they can invoice you for. This has become a complicated area so you should seek advice before going further. Here is a link that might help http://www.hmrc.gov.uk/employment-status/index.htm This was discussed in the carpet cleaning section with regards to leaflets http://www.cleanitup.co.uk/smf/index.php?topic=165300.msg1387077#msg1387077 but the rules would be the same regardless. Thanks to Allan Simmons for the link.

[cml]

I would advise that you follow some of the good advice given above. 
In addition you should not only concentrate on whether they can claimed to be employed but if self employed what are your obligations in regards to collection of taxes on behalf of revenue.  Once all said, done, understood and agreed you would also need to consider an agreement between yourself and the selft employed contractor which states your terms about equipment/materials  'being goods supplied by you' etc.  Therefore should they decide to disappear with the equipment you are within your rights to pursue for recovery.

On the other hand if they are self employed they 'should' have their own equipment.
Nonetheless in terms of quality control etc. should you insist on them using your materials then an agreement stating all terms should be written and signed.  I would also suggest adding terms to cover oneself against the self employed individual or firm approaching your client for your business.  This serves to protect your for a short period of time should they cancel the contract and award it to them directly where you could pursue loss of earnings.

I hope this helps.

[Ryan_B84]

Thanks guys, huge help and plenty of food for thought.

Where would be the best place to go to get help on writing an agreement/contract/terms and conditions?