Employing a casual

richhobson · Mar 26, 2009

Hi, I'm a sole trader and have the need to hire someone to work with me on a casual basis.

Basically, I'm a photographer and I have several events coming up which I can't do on my own. I have someone in mind for the role and have approached them.

I want to do it right and obviously a trip to my accountant is the right way to go. Before I do I thought I'd get some input maybe from people who have had the same experience.

Depending on the level of upcoming work I may be employing her for two or three evenings per month.

Any thoughts?

Richard Hobson

BlueprintAnimation · Mar 26, 2009

Oops, double post, sorry.

BlueprintAnimation · Mar 26, 2009

When you're doing the work yourself, do you retain the copyright to the photos or assign it to the client? You'll want to make sure that her contract and pay allows for the copyright passing to either you or the customer and she understands it's not being retained by herself.

Not sure if that's the kind of thing you're looking for - hope it helps!

richhobson · Mar 26, 2009

For the events I'm employing her there's no issues. I'll be the photographer, she'll be printing and selling prints at the event.

Absolutely if she was a second shooter there would be a written document to detail who owns what. i.e. Me!

I'm more after the taxation and suchoptions on employing a casual.

Thanks

Stevej · Mar 26, 2009

Richard - this is one of those grey areas regarding employment status that HMRC love to get their teeth in to.
Speak to your accountant but my view is that she is an employee and should be taxed under PAYE in the normal way. She needs to sign P46 confirming whether this is her only job etc. You also need to get the correct documentation confirming her right to work in the UK
The Revenue look at a number of factors concerning the assignment. Probably the only thing in favour of her being treated as self employed is that she could refuse to do the work. everything else seems to point to employment such as, she doesn't use her own tools, doesn't have any financial risk and cannot provide a substitute to do her work
As usual, if you get it wrong and do not treat her as an employee then you can end up paying the tax and NI!

richhobson · Mar 26, 2009

Thanks Steve,
I have a feeling it might need to go that way and i'd rather do it right.
She's already employed at another job so I don't know about the p46 thing, however you are dead right. It's time to see the accountant!

Kett · Mar 26, 2009

Hi
I wanted to employ a casual translator.

He had to be employed rather than sub contracted under his visa regulations as a foreign student.

I found the Business Link site really useful both for regs and I also used the employment contract wizard to write it. I offered a standard 0 hours per week plus extra as requested and guaranteed not to exceed his visa limitations.

I believe all is legal and I have all the correct documentation. I do not have to set up a PAYE unless he earns over 105 per week.

PM if you want more info.

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