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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47362
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have an employment / a self employment question. I have

Customer Question

Hi. I have an employment / a self employment question. I have been approached by the owners of a business (ltd company) which I used to work for 7 years ago (as an employee) to see if I would be interested in returning in a Business Development role.
The work will be a mixture of office, home and external meetings with clients. The business is very small, currently employing 5 part-time staff and using 2 full time self-employed software designers.
It is jointly owned by a doctor and his wife, who are the company directors and live in Australia where they also own an Australian version of the business. They skype regularly and visit once or twice a year. No plans to return to the UK.
The business is only just breaking even. However it has an excellent reputation and is on the way to securing a very good contract. I have proposed that I go in for a couple of months and work for free to see if I like it. If I stay, I have asked for a salary or monthly payment and a share of any future profit.
My question is: Can I take on this role as a self-employed sole trader? Or should I be employed by the business? Does profit share only apply to employees? I will need to carry out a tax return anyway. I am happy to work in either role but slightly prefer the idea of being self-employed. I do not plan to take on any other work or contracts. Just work for this company.
Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Are they demanding that you are employed?
Customer: replied 1 year ago.
No, they will go along with what I advise
Expert:  Ben Jones replied 1 year ago.
Why would you prefer self employment to employment?
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
You are entirely free to take this as a self employed person if you wanted to. The share profit arrangement is not limited to employees only and it does not depend on your employment status
Expert:  Ben Jones replied 1 year ago.
The way you are remunerated is something you would have to agree with the company but it would not depend on how you are employed, whether it is as an employee or self employed.

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