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g.brookes

  • Posts: 950
employee contracts
« on: December 17, 2018, 02:44:31 pm »
Do you just use a template? Ive checked out all the free templates but I want to make a few tweaks.  I.e stuff about not working in the same area in spare time etc.

SB Cleaning

  • Posts: 4287
Re: employee contracts
« Reply #1 on: December 17, 2018, 03:55:58 pm »
Do you just use a template? Ive checked out all the free templates but I want to make a few tweaks.  I.e stuff about not working in the same area in spare time etc.
What do you mean by not working in the same area in spare time?

Simon Trapani

  • Posts: 1562
Re: employee contracts
« Reply #2 on: December 17, 2018, 05:31:06 pm »
I'm guessing he means he doesn't want his employee(s) working weekends/days off doing their own private jobs in the areas he's employing him/her/them to work.

dazmond

  • Posts: 23980
Re: employee contracts
« Reply #3 on: December 17, 2018, 05:43:39 pm »
I'm guessing he means he doesn't want his employee(s) working weekends/days off doing their own private jobs in the areas he's employing him/her/them to work.

i dont think he could do anything about this  even if its in his contract........
price higher/work harder!

SB Cleaning

  • Posts: 4287
Re: employee contracts
« Reply #4 on: December 17, 2018, 06:32:25 pm »
I'm guessing he means he doesn't want his employee(s) working weekends/days off doing their own private jobs in the areas he's employing him/her/them to work.
He's dreaming  ;D

Stoots

  • Posts: 6212
Re: employee contracts
« Reply #5 on: December 17, 2018, 06:57:32 pm »
Best get someone to check them over, ACAS do good free advice.

I was bit naive when i did my contracts, used templates online but turned out i missed some vital info that cost me a few quid when i wanted to dismiss a guy.

ger em done reet

Crystal-clear

  • Posts: 3029
Re: employee contracts
« Reply #6 on: December 17, 2018, 07:37:15 pm »
Best get someone to check them over, ACAS do good free advice.

I was bit naive when i did my contracts, used templates online but turned out i missed some vital info that cost me a few quid when i wanted to dismiss a guy.

ger em done reet
Did you have him on a zero hour in which case could you have just not offered him anymore hours?
hope it didnt cost you too much guess he complained to the tribunal

Leeds

  • Posts: 181
Re: employee contracts
« Reply #7 on: December 17, 2018, 08:47:01 pm »
Here's one for you!

What if a lad doesn't want to be employed? He wants to do work for you regularly but would rather get paid a bigger cut as a subcontractor?

SB Cleaning

  • Posts: 4287
Re: employee contracts
« Reply #8 on: December 17, 2018, 09:39:18 pm »
Here's one for you!

What if a lad doesn't want to be employed? He wants to do work for you regularly but would rather get paid a bigger cut as a subcontractor?
Well he can bugger off and find his bigger cut elsewhere  ;D

Plankton

  • Posts: 2441
Re: employee contracts
« Reply #9 on: December 17, 2018, 11:09:05 pm »
I like the idea of having them self employed so say they were getting £8 per hour employed they'd get £9 per hour self employed, that's generally how agencies work it for hgv drivers. Another one I know of is banked hours and I think Smudger uses this, my concern would be if they were under there hours after bad weather etc and decided to fk off after being paid for work they've not done.

Leeds

  • Posts: 181
Re: employee contracts
« Reply #10 on: December 18, 2018, 05:30:30 am »
Here's one for you!

What if a lad doesn't want to be employed? He wants to do work for you regularly but would rather get paid a bigger cut as a subcontractor?
Well he can bugger off and find his bigger cut elsewhere  ;D

haha!

I wonder if the tax man can impose employment taxes on you if the workers say we don't want to be employed?

Stoots

  • Posts: 6212
Re: employee contracts
« Reply #11 on: December 18, 2018, 07:22:14 am »
Best get someone to check them over, ACAS do good free advice.

I was bit naive when i did my contracts, used templates online but turned out i missed some vital info that cost me a few quid when i wanted to dismiss a guy.

ger em done reet
Did you have him on a zero hour in which case could you have just not offered him anymore hours?
hope it didnt cost you too much guess he complained to the tribunal

I didn't have him on zero hours, I had him on 16.

No luckily he didn't complain to a tribunal but he threatened it so I went and got some advice. It cost me a few a few quid more than it should (not much) because I had to pay him a weeks notice and holiday pay when he only worked for me 3 days.

If I had the right contracts I could have had a clause that's said I don't need to give notice for less than a months service. I could have also given him a temporary contract and I could have worded some things better which would have given him no chance in a tribunal.

As it was my contract was from a template and wasn't really up to scratch.

I decided to go with zero hours contract after this for part timer workers. Because they are classed as workers rather than employees. My zero hours contracts I also make temporary for 3 months even though that not really nessacarry but extra belt and braces.

I decided to go with zero hours because although I am looking for a regular worker if the worst happens I don't have to offer them any more work, I've no obligation to do so etc. Basically covering my arse

Of course with full time employees they want proper contracts but for part timers 2 or 3 days a week I will now only do zero hours. It takes some of the stress away knowing you can try someone out and get rid.

Plankton

  • Posts: 2441
Re: employee contracts
« Reply #12 on: December 22, 2018, 09:21:52 am »
So how does the zero hours contract work out for holiday pay, is it calculated pro rata.

Stoots

  • Posts: 6212
Re: employee contracts
« Reply #13 on: December 22, 2018, 10:51:54 am »
So how does the zero hours contract work out for holiday pay, is it calculated pro rata.

That's right, just accumulates on hours worked.


Plankton

  • Posts: 2441
Re: employee contracts
« Reply #14 on: December 22, 2018, 11:06:55 am »
From what I've been reading if the earn more than £116 per week they're entitled to £88 per week statutory sick pay for 28 weeks.
The employer pays the statutory sick pay but is the ssp fully recoverable from the goverment.

I think initially I'll offer a self employed contract with 10 days notice from either party at x amount per hour, that way I can assess things and not get stuck with something.

Stoots

  • Posts: 6212
Re: employee contracts
« Reply #15 on: December 22, 2018, 03:22:53 pm »
From what I've been reading if the earn more than £116 per week they're entitled to £88 per week statutory sick pay for 28 weeks.
The employer pays the statutory sick pay but is the ssp fully recoverable from the goverment.

I think initially I'll offer a self employed contract with 10 days notice from either party at x amount per hour, that way I can assess things and not get stuck with something.

Yes zero hours does not affect statutory rights such as minimum wage, ssp and holidays.

If you are trying to make out they are self employed when they are not you might want to re think that. I can't see any way you could give someone a self employed contract that has a notice period. Part of being self employed means they can essentially do as they please. If they are tied to you via a contract they are employed.

But of course I'm no expert you should consult an employment specialist to run by what you are proposing.

Crystal-clear

  • Posts: 3029
Re: employee contracts
« Reply #16 on: December 22, 2018, 04:52:58 pm »
From what I've been reading if the earn more than £116 per week they're entitled to £88 per week statutory sick pay for 28 weeks.
The employer pays the statutory sick pay but is the ssp fully recoverable from the goverment.

I think initially I'll offer a self employed contract with 10 days notice from either party at x amount per hour, that way I can assess things and not get stuck with something.

Yes zero hours does not affect statutory rights such as minimum wage, ssp and holidays.

If you are trying to make out they are self employed when they are not you might want to re think that. I can't see any way you could give someone a self employed contract that has a notice period. Part of being self employed means they can essentially do as they please. If they are tied to you via a contract they are employed.

But of course I'm no expert you should consult an employment specialist to run by what you are proposing.
Hi buddy yeah certainly nothing like a self-employed contract exists. Technically they can work when they like you ask them are you free this week are you free tomorrow do you fancy work.
The most clear cut way would be to employ if he's working for you full time.

Arnold Palmer

  • Posts: 20800
Re: employee contracts
« Reply #17 on: December 23, 2018, 12:30:28 am »
Best get someone to check them over, ACAS do good free advice.

I was bit naive when i did my contracts, used templates online but turned out i missed some vital info that cost me a few quid when i wanted to dismiss a guy.

ger em done reet
Did you have him on a zero hour in which case could you have just not offered him anymore hours?
hope it didnt cost you too much guess he complained to the tribunal

I didn't have him on zero hours, I had him on 16.

No luckily he didn't complain to a tribunal but he threatened it so I went and got some advice. It cost me a few a few quid more than it should (not much) because I had to pay him a weeks notice and holiday pay when he only worked for me 3 days.

If I had the right contracts I could have had a clause that's said I don't need to give notice for less than a months service. I could have also given him a temporary contract and I could have worded some things better which would have given him no chance in a tribunal.

As it was my contract was from a template and wasn't really up to scratch.

I decided to go with zero hours contract after this for part timer workers. Because they are classed as workers rather than employees. My zero hours contracts I also make temporary for 3 months even though that not really nessacarry but extra belt and braces.

I decided to go with zero hours because although I am looking for a regular worker if the worst happens I don't have to offer them any more work, I've no obligation to do so etc. Basically covering my arse

Of course with full time employees they want proper contracts but for part timers 2 or 3 days a week I will now only do zero hours. It takes some of the stress away knowing you can try someone out and get rid.

Lol.

You paid out to someone who had only worked three days?
#aliens

Stoots

  • Posts: 6212
Re: employee contracts
« Reply #18 on: December 23, 2018, 09:45:07 am »
Best get someone to check them over, ACAS do good free advice.

I was bit naive when i did my contracts, used templates online but turned out i missed some vital info that cost me a few quid when i wanted to dismiss a guy.

ger em done reet
Did you have him on a zero hour in which case could you have just not offered him anymore hours?
hope it didnt cost you too much guess he complained to the tribunal

I didn't have him on zero hours, I had him on 16.

No luckily he didn't complain to a tribunal but he threatened it so I went and got some advice. It cost me a few a few quid more than it should (not much) because I had to pay him a weeks notice and holiday pay when he only worked for me 3 days.

If I had the right contracts I could have had a clause that's said I don't need to give notice for less than a months service. I could have also given him a temporary contract and I could have worded some things better which would have given him no chance in a tribunal.

As it was my contract was from a template and wasn't really up to scratch.

I decided to go with zero hours contract after this for part timer workers. Because they are classed as workers rather than employees. My zero hours contracts I also make temporary for 3 months even though that not really nessacarry but extra belt and braces.

I decided to go with zero hours because although I am looking for a regular worker if the worst happens I don't have to offer them any more work, I've no obligation to do so etc. Basically covering my arse

Of course with full time employees they want proper contracts but for part timers 2 or 3 days a week I will now only do zero hours. It takes some of the stress away knowing you can try someone out and get rid.

Lol.

You paid out to someone who had only worked three days?


Yes lol. I had no choice my contract sucked ass.

You live and learn.

Plankton

  • Posts: 2441
Re: employee contracts
« Reply #19 on: December 23, 2018, 10:27:41 am »
It would be a "contractor" contract. Anyway if they can get through two days then two weeks then a month at this time of year they will have done enough to show me they're upto to it.
None have experience so far but if your willing to leave a full time job then I think it's only fair that they get a full time job.
So maybe I'll leave it at a verbal month trial period for both parties benefit to keep it simple?