Flexible part time work and distanced self employment?

Discussion in 'Employment & HR' started by Lucan Unlordly, May 20, 2021.

  1. Lucan Unlordly

    Lucan Unlordly UKBF Legend

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    An old work colleague and friend has a formally employed part time driving job which gives him time to fill for a few hours each day.

    I want to offer him work on an adhoc basis answering customer telephone queries, making some sales calls etc., He will be 95% home based which is some 50 miles up the road from our premises and will only be required to work at variable peak times, which could be some weeks apart, an arrangement which is mutually acceptable.

    Would it be best for him to set himself up as self employed and invoice us accordingly for work completed? We will be his only customer. Would we fall foul of regulations the would deem him an employee who should be on our books, despite the variable and inconsistent nature of the workflow and the fact he cannot work from our office?
     
    Posted: May 20, 2021 By: Lucan Unlordly Member since: Feb 24, 2009
    #1
  2. IanSuth

    IanSuth UKBF Big Shot

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    The "can not work from our office" bit is irrelevant.

    If you do not want to risk ending up in a employer/employee relationship then it would be safest (not the only way but safest) to have a form of contract where you pay him for work done not hours spent, and you allow him the right to substitute someone into his place if he is unavailable.

    Basically you contract "Friend ltd" to carry out the service of customer contact for a rate of £x per call routed to them subject to SLA/KPI's x y & z and then allow him to work out how to do that. (need not be a limited company but easier to show the separation)

    Newchodge will likely be along shortly to give a more detailed reply and may have thoughts on another way to do it, but that is what i would go with if you don't want to actually employ them
     
    Posted: May 20, 2021 By: IanSuth Member since: Apr 1, 2021
    #2
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  3. ethical PR

    ethical PR UKBF Legend

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    How can you do that if the OP is his only customer? @IanSuth ?
     
    Posted: May 21, 2021 By: ethical PR Member since: Apr 19, 2009
    #3
  4. IanSuth

    IanSuth UKBF Big Shot

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    It is harder but volume of customers is only 1 of the tests of disguised employment, ensuring you are clear of other pitfalls makes it easier @Newchodge is better placed than me to give chapter and verse but there are plenty of small 1 man band companies who only supply 1 customer and are not employees in this country. It basically comes down to the nature of the contract signed between the 2 and the division of risk, reward and control
     
    Posted: May 21, 2021 By: IanSuth Member since: Apr 1, 2021
    #4
  5. Chris Ashdown

    Chris Ashdown UKBF Legend

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    Been out of it for a few years now so not up to date

    But why not just g them a zero hours or say 4 hours a month contract and PAYE
     
    Posted: May 21, 2021 By: Chris Ashdown Member since: Dec 7, 2003
    #5
  6. IanSuth

    IanSuth UKBF Big Shot

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    That would be easiest but the OP seemed to be saying "how do we do it not PAYE"
     
    Posted: May 21, 2021 By: IanSuth Member since: Apr 1, 2021
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  7. Newchodge

    Newchodge UKBF Legend

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    If they control their own hours and the way they carry out the service for you, if they can choose someone else to do it, if they charge you their price, rather than being paid your rate, they may be self employed.

    If yuou employ them you will have to run payroll as they have other employment.
     
    Posted: May 21, 2021 By: Newchodge Member since: Nov 8, 2012
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  8. Lucan Unlordly

    Lucan Unlordly UKBF Legend

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    Thanks. The calls can be made at almost any time so yes they would control the hours. Reimbursement will be by agreement, probably on a cost per call handled basis. Any additional work will be offered at agreed sums, eg., do you want to do this for £200? At this stage that's more to do with us knowing how long something should take to do.
     
    Posted: May 22, 2021 By: Lucan Unlordly Member since: Feb 24, 2009
    #8
  9. Newchodge

    Newchodge UKBF Legend

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    Sounds like self employment to me.
     
    Posted: May 22, 2021 By: Newchodge Member since: Nov 8, 2012
    #9
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