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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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As a sub contractor for a building firm and self employed,

Resolved Question:

As a sub contractor for a building firm and self employed, if I am asked to take one of the employed members of the company, I am sub contracted to, to work alongside me for the day who should pay their wages?
Submitted: 3 years ago.
Category: Employment Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

This depends on what you mean by "take on" one of the employees.

tdlawyer :

It sounds like you're being asked to engage that person directly, so you become responsible for their wages/tax etc.

Customer: No I didn't need their help but was requested to take them for the day. I have now been told that I will have to okay their wage when I didn't request their help and they are actually employed by the company surely the
Customer: Company are still responsible for paying their staff.
tdlawyer :

What exactly did they ask you to do this with respect to this person?

Customer: I was fitting windows and the company had no work elsewhere for their employee so they requested that they come along with me that day although I didn't need their help. But I have been made to pay their wage under duress, saving the company paying their employee as they would have if they had had work for him that day. I wasn't made aware that I would be made to pay them before hand.
tdlawyer :

If they gave you the impression you were just having him tag along to help out because they had no work for their employee, then I would argue that is a good indication that they were paying for him, after all, he is employed by them and you don't dismiss then re-employ somebody the next day etc. just because there is a one day lull in work.

tdlawyer :

So base based on that I would agree with you that it looks like you should be able to say that they remain responsible for his wages.

tdlawyer :

You could seek to claim the payment back, via issue proceedings against them in the small claims court (www.moneyclaim.gov.uk - where you can issue online). I doubt this will do much for your relationship with them as people to work with, but that's a decision for you.

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