Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long have you been sub-contracting for?
OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all
Many thanks for your patience. It is a difficult situation because in reality you may have no other option but to subcontract someone. There are only a few ways in which you can employ someone and these are as an employee, an agency worker, a contractor or a volunteer. Obviously you cannot employ them as volunteers, they are not agency workers so you care left with the option of employees or contractors. The issue here is that you do not choose the employment status of someone simply by labelling them. So you cannot call someone an employee and assume they are one when in fact they are working as a contractor. A person’s employment status is defined by the way they are treated and their overall relationship with the employer. So someone could be labelled as an employee but in reality still be a contractor. Based on the way you are employing people to do the work, the likelihood is that they will be working as contractors regardless of what you call them or what contract you employ them under. Therefore, unless you are prepared to take the hit and employ them under an employment contract such as a zero hours one (treating them as employees and fulfilling all the rights they would get as an employee) there is unlikely to be another way of going about this unfortunately.
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Yes you can certainly have a zero hours contract wish someone show is already working elsewhere. There is no limit on how many jobs a person can hold or how he is employed in those jobs. I cannot advise on the PAYE matter unfortunately as this is a tax matter rather than employment law and not my area of law. They would have rights in terms of holiday but you will get additional liabilities, such as paying sick pay, redundancy after 2 years of they are to be made redundant, they get protection against unfair dismissal. So there will be some additional liabilities which you must be aware of if you are going to take them on as an employee.
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