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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience:  Solicitors 2 years plus PQE
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a self employed domiciliary carer

Resolved Question:

hi at present i work as a self employed domiciliary carer and do this via another company as of July 1st they will no longer offer me work unless i become employed and the rate of pay is much lower than i am receiving now. My self and 4 other self employed workers all wish to begin working independently from this company and wish to remain self employed each billing the client for the work we do individually each month but would like to advertise as a group of carers under one name is ***** ***** and if not can you suggest a way we could all work together as a team of self employed workers many thanks Rachel

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Yes please happy to wait while you look into it further as I need an answer and hopefully before the end of the week

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Alex J. replied 3 years ago.
Hi

Thank you for your question and welcome my name is ***** ***** I will assist you.

Do you have a contract with this company?

Would you be prepared to set up a company with these four people to commence working?

Effectively are you suggesting you want to start your own business?

I look forward to hearing from you.

Kind regards

AJ

p.s please do not be concerned if you do not hear from me right away ,I am online periodically throughout the day.
Customer: replied 3 years ago.

We will all remain independent self employed carers that will invoice clients separately we just wish to know if there is any reason we could not all advertise together as if we were unable to do any work if we were say on holiday the client would have a back up carer that they would pay independently from me we do not want to be a business or company but independent self employed carers

Customer: replied 3 years ago.

Oh and the company we have been working for for the last 3 years has broken our verbal contact several times over so in my opinion I no longer have a contract. On one hand they treat us as selfemployed with regards ***** ***** on the other they treat us as employees they have to many double standards and treat people differently

Customer: replied 3 years ago.

Oh and the company we have been working for for the last 3 years has broken our verbal contact several times over so in my opinion I no longer have a contract. On one hand they treat us as selfemployed with regards ***** ***** on the other they treat us as employees they have to many double standards and treat people differently

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

There is no reason to prevent this. Essentially what you are doing is entering into a partnership.

If you want to advertise your service collectively it might be better to form a limited company where by you all work as independent contractors for that company. The reason for this is if you are not careful, with a corporate structure if this arrangement ends up being a partnership you become liable for one and others liabilities.

Do you collectively have an agreement as to how much you want to spend marketing this collective? Do you each hold individual licences/permissions to carry out your roles as carers?

Ideally you would want to include rules that say things like, if anyone is barred from being a carer they can be removed for example.

I look forward to hearing from you.

Kind regards
AJ
Customer: replied 3 years ago.

Thanks for this how would we go about becoming a limited company if we decide we need to and yes we all hold our own insurance and upto date certificates for the qualifications we need to do our job. Thanks for all your help looking forward to your next reply

Expert:  Alex J. replied 3 years ago.
Hi,

It is very easy to form a limited company it costs £100 and takes 24 hours.

What I would suggest you do is go to a company formation agent like Jordans (www.jordans.co.uk) or if any of you have an accountant/solicitor go and see them.

You will each have a share in the company and the share will be conditional upon everyone holding insurance and being entitled to work as a carer. If anyone losses their license or insurance you can include an agreed mechanism for forcing a sale of the shares at an agreed price. This will require a carefully draft company constitution so it may be worth going to a solicitor.

I look forward to hearing from you.

Kind regards

AJ

Customer: replied 3 years ago.

Hi again why is life never simple here is the situation again myself and 3 other self employed carers who have been sub contracted by a company for at least 3 years working the same pattern and seeing the same clients on a regular basis have all ceased to be sub contracted by said company and now wish to work independently supporting each other with cover for holidays days off etc etc if we form a company in order to do this would we need to form a limited company or just a company and all be equal partners we all have public liability insurance and all certificates are upto date.

Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

I would personally form a limited company. The alternative is going into partnership together. As a concept a partnership won't be appropriate as you all have seperate insurances and you are all responsible for your own liabilities. In a partnership you are liable and entitled to the liabilities and profits in the percentages you agree.

I would also check with your accountant which structure they believe to be best for personal tax reasons.

Is there a problem I can assist with?

Kind regards

AJ

Customer: replied 3 years ago.

Thank you so much for your help we will speak to our accountant now and get a company structure sorted out and i will contact you again if i require your help further

Expert:  Alex J. replied 3 years ago.
Hi,

No problem.

Please do not hesitate to contact me if you have any follow up questions.

Any feedback is gratefully received.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi alex hope you can help with this as well as i am very happy with the service and advice i have received from yourself.


As with all new ventures we expected a rocky start and knew that the agency we worked for would not be happy about clients leaving them to be cared for by ourselves but at no time have we asked a client to leave the agency for us to care for them. We mealy told them we were not becoming employed by the company concerned as it would mean we could not offer the service we wanted to and they all approached us and asked us if we could continue to look after them. They have all given the necessary notice needed and in all but one client we have previous knowledge of them prior to starting to care for them.


 


When our former employer asked us to care for them they were aware that we already knew the client and they were happy for us to care fopr them as long as the clients had no problems with us doing so which obviously they hadn't.


 


We are now receiving letters for there solicitors stating that we used pressure on the clients to get them to change care providers which is not the case and all clients are happy to put in writing that this is not the case not really sure how to move on


 


many thanks Rachel


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