Employment Lawyers Can Answer Your Employment Law Questions
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How long have the staff in question worked for you exactly?
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Many thanks for your patience. If a worker is an employee and you are seeking to change them to being self employed, that would amount to a termination of their employment. There are only a few reasons under which you can dismiss someone and these are: conduct, capability, redundancy and some other substantial reason. Obviously, there are no conduct or capability issues and you may struggle to try and show there was some other substantial reason which avoids redundancy, so in all likelihood is that you will have to use redundancy to terminate their respective employments. Redundancy occurs when there is a reduced requirement to have employees doing a specific role, so if you no long require employees to do these roles and would instead want self employed workers, then that would most likely trigger a redundancy situation. The issue with that is you would need to give the employees their contractual notice periods and also pay them any redundancy due. As they have quite long service, this will not be a small amount, but it would be legally necessary if you wanted to do as proposed.
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