Employment Lawyers Can Answer Your Employment Law Questions
Hi Ben, he has been with us for around 6 years
Whilst still working for us he took our database of clients and contacted them to say he was now doing the work
Hi Ben, self employed
Many thanks for your patience. If this person is self employed and not an employee he would not be subject to the stricter rules on disciplinary procedures and protection against dismissal, in a sense that you would not be expected to follow a fair procedure or provide a fair reason for dismissal. These rules only apply to employees or if this person has a specific disciplinary procedure in his contract, which you are expected to follow.
Self employed workers can have their employment terminated at any time as long as they are issued with the required notice of termination as per their contract. Whilst you can just give him the notice period he is due and terminate the contract that way, you can also argue that what he has done is a fundamental breach of contract as well as breach of trust and confidence, which frustrates the contract and makes it void with immediate effect, allowing you to terminate it immediately and without giving any notice. That would allow you to terminate his employment straight away.
subcontractors can be employees of the business that hires them, even if they have a written contract which expressly states that they are not employees. The ruling will be of great interest to businesses that choose, for a variety of reasons, to keep their workforce "off the books" by treating them as independent subcontractors rather than as employees.
Hi Ben, is the following passage of any use to us.
someone's employment status does not depend on what the employer decides to treat the personnel as, rather it would depend on the overall employment relationship as determined by a variety of factors, such as the ones you looked at in the link I provided earlier. There have been many instances where employers and even employees have tried to get around these, but there are ways to try and deal with it, such as IR35, but that is an entirely separate discussion
hi Ben, sorry for the delay. Many thanks
you are welcome, all the best