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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45315
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We recently have opened a branch in Poland, and we are

Customer Question

Hi - We recently have opened a branch in Poland, and we are employing a new employee from Poland to work for us over there.
The only problem is, we haven't yet set up the Polish company and would need to employ him through the UK company. He would send an invoice to our UK company and we would pay him, monthly, as a consultant. He would have a consultancy agreement with the UK company and would only work for us.
Is this legal? If not, we need to know the correct way to do this please??? Thanks!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. I presume he would be responsible for his own taxes?
Customer: replied 1 year ago.

Yes, he would be.

Expert:  Ben Jones replied 1 year ago.
There is nothing wrong with the proposal you have made. It's not unusual for foreign nationals to work under UK contracts even if they are not based over here. As he is not an employee rather just a consultant so he could easily invoice you and you then pay him through the UK company. As he is self employed he would be responsible for his own taxes and that is the most important part to such an arrangement.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

Ok, thanks very much - the reason i asked was because our Auditors made a point that, if he is only working for our company and no one else he isn't actually classed as self employed, and, if investigated, he would be classed as an employee and subject to UK PAYE, if working for the UK company (or Polish equivalent of PAYE, if resident in Poland - I couldn't remember which). They seemed to think there was a problem with it, as he was only seeming to be self-employed, but was actually taking the role of an employee.....

Expert:  Ben Jones replied 1 year ago.
It is certainly not as simple as saying that if he only works for you therefore he is an employee. A person's employment status is determined through a variety of factors, you can actually try and see what his status may be here: https://www.gov.uk/employment-status-indicator This would give you an indication of whether he is likely to be an employee or self employed and your liabilities in that respect
Customer: replied 1 year ago.

Ok, great -thanks. (sorry - I only have one more question). I did the test and it seems he is classed as an employee. Does that mean we have to set up a Polish company and put him on a Polish payroll??

Expert:  Ben Jones replied 1 year ago.
No you do not, you can still employee a foreign resident through a UK contract and through a UK company. This should explain the position in a bit more detail: http://www.hrzone.com/perform/people/employing-people-overseas-tax-and-social-security-considerations Hope this clarifies things a bit more for you?
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45315
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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