[geefree]

I have been told time and again on here , that we cant set someone on ....self employed.

i used to work for a finance company, and all the guys who collected the money in for goods , loans etc.... were all full time ..self employed, and worked only at that company...

and they all still do,

so why cant we employ someone on a self employed basis?

Just wondering 

[geefree]

Hmmm 

[rise@shine]

no idea but would like to know myself ive set someone on but he has a small round of his own and ive heard the same as you mate

[C.C.S.]

there is nothing wrong i think it's covered by the law.there are many companies that employ people on self employed basis.if it's working with his car ,ladders and system then why not.a fried of mine use to work for a window cleaning company in london on self employed basis,with his own car and ladders.the company had about 10-12 window cleaners.use to pay 35% to the company of what he was doing .

[Tosh]

Here's a good start to determining if you can employ someone on a self employed basis:

http://www.hmrc.gov.uk/paye/employees/start-leave/status.htm

Having looked into it myself a few years back, I'm pretty sure you can't and if something should happen and you end up in court...

Well, you work it out.

[Sean Dyer]

You can but its a tricky line to walk... Main problems are a , right of substitution and b, the amount of work they do for you!

[Alex Gardiner]

As long as they have their own specialist equipment and maintain some of their own work then they can be self-employed. Another criteria is that they need to be invoicing more than two people.

[Tosh]

As long as they have their own specialist equipment and maintain some of their own work then they can be self-employed. Another criteria is that they need to be invoicing more than two people.

Isn't there a 50% rule somewhere (I haven't read the link I provided)?  I remember a few years back a kind member here who ran a large window cleaning company e-mailed me a 'work around' the rules where you could employ by making your wife start a window cleaning business on paper, then your 'employee/subcontractor' would invoice your company and your wife's company; or something along those lines.

I think the rule being is that if you provide anyone with more than 50% of their work, no matter whose tools they use or what the circumstances, then you will be viewed as the employer should anything go to court.

But he did stipulate that by using his method that should you ever end up in court you're on thin ice.

The above should be treated as no more than hearsay, because I am unsure of the full facts.

[Alex Gardiner]

They do need to actually have some of their own work which gets paid directly to them and they invoice directly. They also (for our profession) would need their own vehicle and WFP system. They also need to maintain their own PL insurance. Even if they end up doing a lot of work for one person as long as they really do have their own work and their own vehicle then it is not a 'work around' but a genuine self-employed sub-contractor.

I use a lot of self-employed sub-contractors with my window cleaning business and I will not use them unless they actually have their own business already and a means to carry it out. Some of them then go on to do a large amount of work for me, but always as an addition to their own work.

[cozy]

It's called sub-contracting. Or have I misunderstood summat? If, over a period of time, the subby has only worked for one contracter, then by some european laws, he could be seen as semi selfemployed. This mostly applies to other trades, such as DPD (Kraut company that moved into UK some years ago). Those van drivers have to prove that they are open for other work.In some cases, an Ad in yellow pages or an odd job every now and then such as a pickup for someone from B&Q.That's how it is here, in rainy Germany

[Rogue Trader]

I was chatting to my barber the other day and he has 4 shops and all staff are self employed on a 50% of take salary ...... he says that this is the case throughout the industry (womens hairdressers not so he says) so i was trying to work out how this can be allowed by the inland rev , he is supplying the premises presumably the scissors/clippers/mirrors/fixtures and fittings are his so how can this be ok?