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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Hi taratill, I was looking for advice reg. contracting an external company to do some work

Resolved Question:

Hi taratill, I was looking for advice reg. contracting an external company to do some work for my current employer. Is this something that you can advise on?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Yes I can help you with this. Please can you explain your situation in more detail?

Customer:

Hi Jenny, the issue is the following... I am working as an IT manager for one of the research institutes that are attached to a very large University. I was looking to subcontract some programming work to outside developers because we do not have any resources in-house. My wife owns a company that could do this type of work and at a very low price, better than any other business around. I proposed this to my Head of the department and he was happy for me to proceed providing that the subcontracting work is of a good quality and affordable. I was able to prove this and I forwarded the quotes from other companies / freelancers so it was all transparent and a full disclosure. He also asked me to check if this could be perceived as a 'conflict of interest' because I am sort of 'recommending' my wife's company to do the work. Just to mention, work itself will be paid by charity organisation that has close links to University but is a separate entity - in other words payment will be not made by my employer, which is University. Also work is on adhoc basis, there will be no fixed contract but rather on pay as you go basis. My question is: Am I in danger here in terms of my current status / employment? Is there any way that this can be achieved so that all parties are satisfied with outcome?

taratill :

Are you currently an employee of the research institute or self employed? If you are an employee how long have you worked there for?

Customer:

Yes, I am currently an employee of the institute. I work there for almost 5 years.

taratill :

Hi unless you are self employed you do not have the right to subcontract any of your work out. If the employer is willing to contract with a wife's company then that is a matter for them and one which should not impact on your employment status in any way.

taratill :

In other words the decision to contract should be the employers and the contract should be between your employer and your wife's company.

taratill :

If you have any further queries about this please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

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Expert:  taratill replied 2 years ago.
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