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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 57
Experience:  Expert
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I would like some advice regarding setting up a business.

Customer Question

Hi there, I would like some advice regarding setting up a business.
JA: Where are you? It matters because laws vary by location.
Customer: The uk
JA: What steps have you taken so far?
Customer: I am about to set up a limited company, but would like to know more about the legal implications of the structure
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No, that's all, thank you
Submitted: 14 days ago.
Category: Law
Customer: replied 14 days ago.
The business is an online booking platform for services. The services are provided by self-employed/independent workers who will pay a small subscription to advertise their services via a profile on the platform. The booking will be taken through the website, from which a small commission will be taken, then the rest of the payment from the booking will go to the self-employed professional. I would like to understand the legal implications of such a business, and the ways in which I can ensure it is all set up correctly and fairly.
Expert:  Jeremy Aldermartin replied 14 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 14 days ago.

Sorry this is actually outside my expertise so I shall opt out

Customer: replied 14 days ago.
Thank you. Also, as the online platform will be set up as a UK business, will it be allowed to advertise services in other countries, for example, Europe/America, as long as the self-employed individuals are registered in the country in which the service will be completed?
Customer: replied 14 days ago.
Ok no worries, would you be able to direct me to someone who could help? Thank you
Customer: replied 14 days ago.
Hi there, please can you confirm if this request has been referred?
Expert:  MARTINT330 replied 14 days ago.

Hello, I am happy to help this evening.

Expert:  MARTINT330 replied 14 days ago.

This is a very tricky area in respect of employment law. If you hold for one second I can refer you to a judgement which sets out the relevant points to consider when undertaking such a model.

Expert:  MARTINT330 replied 14 days ago.

https://www.supremecourt.uk/cases/docs/uksc-2017-0053-press-summary.pdf

Above is the press summary to give a very quick overview, or if you are interested, the longer version can be found at the following link.

https://www.supremecourt.uk/cases/docs/uksc-2017-0053-judgment.pdf

Expert:  MARTINT330 replied 14 days ago.

I am happy to setup a telephone call to discuss this in more detail if you wish?

Expert:  MARTINT330 replied 14 days ago.

I hope this helps, would you mind leaving me a review when you receive an email as it really helps my ratings?

Customer: replied 13 days ago.
Hi there, thank you so much for your response. Unfortunately the top link doesn't work, and it would be great to get a more concise summary of the points that I should consider.
Customer: replied 13 days ago.
Please could you try and send it to me again?
Customer: replied 13 days ago.
The self-employed practitioners who advertise their services on our platform will be under no obligation to carry out the work directed to them, but will simply communicate their availability with us, so that we can make bookings for them. So the practitioners' working hours are always within their control, and the platform will simply take a small monthly subscription fee and small commission in exchange for advertising, promoting and booking their services for them. The platform will then take the booking and money, and pay the practitioners from there. Are there any legal problems with any of this?
Customer: replied 13 days ago.
Furthermore, the practitioners will not be representing the brand, they will representing themselves as individual, self-employed practitioners just using the platform as a way of getting bookings. Therefore, they may be promoting the platform as an easy way of finding practitioners and making bookings, but they still have the freedom to simply promote themselves and take bookings away from the platform
Customer: replied 13 days ago.
They are able to transfer the work to other practitioners if they do not want to carry it out.
Customer: replied 13 days ago.
also, would self-employed practitioners in EU countries be able to use the online platform if it is a UK based company?
Expert:  MARTINT330 replied 12 days ago.

If you copy and paste the full address about into your browser it will take you to the pdf. The site does not hyperlink.

Expert:  MARTINT330 replied 12 days ago.

This is a very intricate area of employment law. I am happy to arrange a call with you to discuss if you would like to arrange?

Customer: replied 11 days ago.
Thank you, ***** ***** is this offer available for? Thanks
Expert:  MARTINT330 replied 8 days ago.

Thank you for your enquiry.