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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48210
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I provide a domestic care service elderly. I would

Resolved Question:

I provide a domestic care service for the elderly.
I would like to use self employed carers.
Do the self employed also have a contract - such as zero hours contract?
Do they still get a job description?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you mean if you are required to issue them with a written contract and job description?
Expert:  Ben Jones replied 1 year ago.
Hello, not sure if you saw my initial query above - Do you mean if you are required to issue them with a written contract and job description?
Customer: replied 1 year ago.
I mean I would like to give them a job description and a zero hours contract. They would be self employed. Does this in any way mean they could be considered as employed by me, rather than self employed?
Expert:  Ben Jones replied 1 year ago.
Whether they are employees or self employed would not depend on what you refer to them in your contract or if you give them a zero hours contract or not. Their status would depend on the overall employment relationship, not on what they are 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 based on how you treat them: 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 would be, and you can adjust your working methods to ensure that the way they are treated makes them genuinely self employed. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Customer: replied 1 year ago.
Sorry, it's just not clear to me. So you mean..... a person can be self employed but still receive a job description and a zero hours contract from my agency?
Expert:  Ben Jones replied 1 year ago.
Yes certainly, but that is not what determines whether they are self employed or not. The factors which are relevant are discussed here: https://worksmart.org.uk/work-rights/pay-and-contracts/contract-terminology/am-i-worker-employee-or-self-employed So whilst they can have a job description and a zero hours contract, you must ensure that the other factors are such that they are not treated as an employee. Does this clarify?
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