Moving staff from self employed to employed

Discussion in 'Employment & HR' started by Redd, Feb 28, 2018.

  1. Newchodge

    Newchodge UKBF Big Shot Free Member

    9,687 2,448
    You can require that they use their holidays when snowed off, but they can only do that if they have enough holiday left. If they have no holiday and offer to attend work, although you cannot give them work because of the weather, you would still have to pay them, although you could find them alternative work, like tidying the yard, for instance. You can try to get round that problem by having the annual leave year start on 1 October, for instance.
     
    Posted: Mar 1, 2018 By: Newchodge Member since: Nov 8, 2012
    #41
  2. Redd

    Redd UKBF Regular Free Member

    129 9
    ok thats works ;) was also thinking of rather than decrease their wages I believe I can increase their hours to compensate with no further holidays due at 28 days? is that right as currently they work Saturdays until 12pm. I could move this to 4 pm and not lose out?
     
    Posted: Mar 1, 2018 By: Redd Member since: May 4, 2013
    #42
  3. Newchodge

    Newchodge UKBF Big Shot Free Member

    9,687 2,448
    Sorry, I'm not certain as I haven't come across it with any client. I believe that you would be responsible for paying the tax and NI that should have been paid. The .gov website states there would be penalties, but I can't find anywhere that specifies what they are. This is quite a good guide to whether you have a problem. https://www.gov.uk/employment-status/selfemployed-contractor

    It may be worthwhile going through the status checker, if you think they may be self employed - do it anonymously, and if it comes in your favour, give your business details as, provided you have done it honestly, you will not get penalties if the answer is wrong.

    The other thing to bear in mind is employment rights. You may all be happy working together at the moment, but if one of them falls out with you they can try to claim they were employees all along, and claim their holiday pay etc.
     
    Posted: Mar 1, 2018 By: Newchodge Member since: Nov 8, 2012
    #43
  4. Newchodge

    Newchodge UKBF Big Shot Free Member

    9,687 2,448
    The maximum minimum holiday entitlement is 28 days, even if someone works a 6 day week. They only get 4.7 weeks, effectively.
     
    Posted: Mar 1, 2018 By: Newchodge Member since: Nov 8, 2012
    #44
  5. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    9,533 1,923
    You have been looking at your present workforce, don't forget you can advertise for new full time staff and slowly cut out the freelancers, just get your first team and keep them separated from the others so they work on your terms and not get away with the others maybe more casual approach

    For the long term guys make sure they are on a 2 or 3 month contract may help avoid HMRC in the short term, but long term you need to play by the rules
     
    Posted: Mar 1, 2018 By: Chris Ashdown Member since: Dec 7, 2003
    #45
  6. Mr D

    Mr D UKBF Legend Free Member

    9,050 915
    Yes so long as you book it as holidays with the staff at least a couple of days in advance. If you want to have them use a week's leave then book it a couple of weeks in advance.
    You cannot say to them - I am classing today as a holiday and using up a day of your leave.
     
    Posted: Mar 1, 2018 By: Mr D Member since: Feb 12, 2017
    #46