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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48460
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I employ 2-3 Self-employed people in my office and they are

Customer Question

I employ 2-3 Self-employed people in my office and they are on full time 9-5, Mon-Fri
and they have been working for past 1year or so. Recently one of the girls notified me that she has concived and is expecting. she made an enquiry to the Inlad Revenue about her legal rights in self employed capacity and that she was informed that she is working illegally.
They (inland revenue) also stated that it would be more beneficial for her to leave the job and that way possibily she will be better off if she goes on benifits.Please advice the way forward.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. What would you specifically like to know about this issue?

JACUSTOMER-z7ez9ous- :

thses employees are working at reception and back office as assistant manager and they are full time, and my question is can they carry on working as self-employed even though 2 of them are currently have pregancy?

JACUSTOMER-z7ez9ous- :

or i am obliged to employ them on full employment contract and so that they get their entitlement?

JACUSTOMER-z7ez9ous- :

By employing them on the full time as self employed , Have I done anything unlawful ?

JACUSTOMER-z7ez9ous- :

How much do you cahrge to draft a standard self employed or a normal employed contract for office admin staffs ?

Ben Jones :

It is entirely legal to have someone working as self-employed even if they are pregnant, if that is what you are asking? In other words you do not have to be an employee if you are pregnant – there are many women who are pregnant and continue to work on a self employed basis. The issue is that you cannot just call them self employed and guarantee that this is their status – even if you call someone self employed they could still be an employee because their status depends on what they actually do and how they are treated. So they could actually be employees anyway, regardless of what you have called them. You can check what their status may be by following this link:

http://www.hmrc.gov.uk/calcs/esi.htm

JACUSTOMER-z7ez9ous- :

But the question is can they work for an organisation like mine or they can only work as self in their own premises ?

Ben Jones :

self employed workers can work in premises that are not their own, for example consultants are self employed and they often work on premises of their clients

JACUSTOMER-z7ez9ous- :

How much do you cahrge to draft a standard self employed or a normal employed contract for office admin staffs ?

Ben Jones :

I will check to see what I have and will offer this as a separate service which you can think about, won't be long

Ben Jones :

Do you need both or just one of these as the price would vary based on that?

Ben Jones :

Hi can you see my replies? Was just wondering whether you require both types of contract or just one of them so I can advise you on what you could be expected to pay for them?

Expert:  Ben Jones replied 3 years ago.
Hi, I have sent the details of drafting the contracts separately so you can consider that in your own time. Apart from that, could you please let me know if your original question above has been answered?