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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44880
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am looking to start a commercial cleaning company,

Customer Question

Hi
I am looking to start a commercial cleaning company, my question is regarding hotel cleaning contracts. can you subcontract to self employed cleaners and pay them per room I was told if you pay them per hour then they have to be employed. been asking around some people in the industry say is illegal and some say it is legal. can you please advise me
Kind regards
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Is that the only thing you are concerned about in relation to their employment?
Customer: replied 1 year ago.

Hi

Thank you for your reply, thats the main issue but also I would like to know if as a self employed are the covered by my employer and public liability insurance .

kind regards

Zayad

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. It is incorrect to say that it is illegal to employ a subcontractor and pay them per hour. That is not how someone’s employment status is determined. It is entirely possible to have a contractor who gets paid per hour and not have them working for you as an employee.
Establishing someone’s employment status is not an easy task though and there is no single test that can be used. It is usually irrelevant what a person is labelled as by their employer because their status would depend on the overall employment relationship, not on what they referred as.
Following years of case law, a number of established factors have generally been accepted as a reasonably accurate way of establishing whether someone is an employee or self employed. The courts would still use some of these to get an overall picture of the employment relationship and determine the person's employment status.
You may use the Government’s Employment Status Indicator tool to find out what their status is most likely to be:
https://www.gov.uk/employment-status-indicator
By following the link and answering the questions you may get a good idea of what their employment status is, although it is worth noting that these are still only an indication and only a court can provide a definitive answer. They are nevertheless useful to work out whether the people you employ are employees or self employed.
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

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