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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46749
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I need advise. i run the hair salon very new to this

Customer Question

hello i need advise . i run the hair salon very new to this business been 3.5 months opening i for 4 hair stylist .they work 3-4 days on daily wages cash as they want cash wages and they have confirmed they will sort their own tax and all so will this be ok as i haven't done any contract and legal paper till now so i am very confused what think need to do as will be ok to them to sing self employed contract .as i don't want to get problem form this for safety in future out of problem don't want to get court case nothing , as they been paid cash but don't know what i exactly need to do , as don't want to ruin my business from my staff .. need good advise what exactly need to do .. to get me safe in future .. what sort of paper work need to be done to them my side ..
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 9 months ago.

Are you happy to continue paying them in cash? If so, would you wanting advice on the preparation of a suitable contract?

Customer: replied 9 months ago.
hello i need advise . i run the hair salon very new to this business been 3.5 months opening i for 4 hair stylist .they work 3-4 days on daily wages cash as they want cash wages and they have confirmed they will sort their own tax and all so will this be ok as i haven't done any contract and legal paper till now so i am very confused what think need to do as will be ok to them to sing self employed contract .as i don't want to get problem form this for safety in future out of problem don't want to get court case nothing , as they been paid cash but don't know what i exactly need to do , as don't want to ruin my business from my staff .. need good advise what exactly need to do .. to get me safe in future .. what sort of paper work need to be done to them my side ..
Customer: replied 9 months ago.
as am happy you pay them cash
Customer: replied 9 months ago.
happy to prepare suitable contract them to cover me in future
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 9 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 9 months ago.
am happy to talk in phone if you want to need suitable contract need to draft if this need to
Expert:  Ben Jones replied 9 months ago.

Whilst you can choose whether to employ the staff as employees or self employed workers, it is not just a matter of what you label the as but how you treat them. I am afraid that none of this is simple so I cannot just give you basic advice to explain it and you will have to try and understand it as best as you can, I will be happy to clarify anything.

In the first instance you should take the following test to work out if the way they are treated means they are more likely to be employees or self employed.

http://tools.hmrc.gov.uk/esi

if they are self employed then you can continue paying them in cash if needed and they would be responsible for their own taxes. However, if they are employees you would have to run a PAYE scheme where you deduct the taxes for them and also paying them cash in hand without tax deductions will be illegal.

Once you have established what their status is likely to be you can consider issuing them with a contract.

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

Customer: replied 9 months ago.
hello yes they are self employed and they are responsible to their own tax so what sort to document i need to give them to sign do i need to or not to make them sign the document .. any sort of disclaimer letter to sing ,, if this necessary would you help to prepare this letter for me ,,i don't mind to pay . please call me if you able to talk to me .
Expert:  Ben Jones replied 9 months ago.

I am unable to talk at the moment I'm afraid. I can provide a template contract foe a elf employed contractor and then you have to make the changes to suit your requirements but the legal basis is there

Customer: replied 9 months ago.
ok please will you abe to send to my email please .
Customer: replied 9 months ago.
that will be appreciated
Expert:  Ben Jones replied 9 months ago.

I will have to upload on here, Please leave your rating in the meantime and I can continue, thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46749
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.
HELLO ARE ABLE TO SEND NOW
Expert:  Ben Jones replied 9 months ago.

Yes here is the link

http://www.mediafire.com/download/alq853aq06xoqar/Contract.doc

This is a standard consultancy agreement meaning an agreement between an employer and a self employed worker, you just make whatever amendments you need to match it to your business requirements

Customer: replied 9 months ago.
THIS IS DO NOT SAY SELF EMPLOYED
Expert:  Ben Jones replied 9 months ago.

please check my response above - a consultant is a self employed worker, it has the same meaning

Customer: replied 9 months ago.
OK
Expert:  Ben Jones replied 9 months ago.

no worries

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