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Wednesday, 20 May 2009

Employed or Self- Employed?

Many employers and their workers try to structure their relationship so they are treated as employer and self-employed independent contractor, rather than employee.

Clearly a genuine self employed independent contractor can send a long whatever workman/staff he likes to do the job and he is not obliged to render a personal service himself. A clause to that effect should appear on the contract, though this is not foolproof as a Court could hold it to be a sham. The self-employed status is much more likely to be upheld if a substitute worker is sent from time to time.

Employers should take advice on the employment law and tax implication of trying to structure their workforces as employees, agency workers and self-employed independent contractors.

Call Michael Breeze on 07 900 195 195 to discuss further

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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues