Had a meeting with the employment advisor yesterday who represents
company's in employment tribunals and advises company's on employment law.
http://www.creideasach.co.uk/Home1.htm Not what I was looking to hear but this is the current law as it stands.
You cannot take on someone on a self employed basis if his main income comes
direct from yourself. If their main income is direct from your self he has to
be taken on as a employer. This has been tightened up and will soon no longer
exist.
You have to take out employer liability if you take someone on, if you are
caught without it then you will be fined.
They are entitled to holiday pay from day one, 20 days pro rota which you can
include public holdays.
A contract must be issued after 2 months.
They are eligible for a 20 min break if they work 6hrs.
You have to give 1 wks notice in the first year if you no longer require their
services.
The contract he advised me to draw up due to the inflexible hours would be a
zero hour contract. This means both parties are both flexible and hours are not
fixed.
With regards paying a person a percenatge on what they make it cannot be
below the min wage.
This is the current law as it stands but can change from day to day as the
goverment are looking to change the holiday entitlement.
It's up to yourselves whether you follow these guidelines but he showed a
few cases that have gone through the industrial tribunal where someone was
taken on as self employed. The fines were pretty high, too big for a small
company like me. I've also seen a few cases on the internet as well.
If you take on someone wrongly and you part ways there is always the chance
that person will pursue it through ACAS. They don't hold any punches even if
you claim you never knew about the employment law.
The fines are way too big, so going to seriously think is it worth taking someone
on but if do will definately abide by the rules.
Hope this info helps you.
Cheers
Doug
