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John CARR
Member - 1 post
Our company is in it's infancy and has the opportunity to secure a new contract .
The contract would however require a number of extra people to carry out assembly operations but they would initially only be required for short periods at infrequent times
We do not have the facility to accomodate this at present,neither do we wish to employ people at alternative premises on a short term basis if we can aviod it . We are considering the option of outsourcing to local people who could carry out the work at home. There is quite a pool of unemployed labour with the relevant skills locally.
Is it possible to offer this work to local people on a self employed basis with the company supplying orders and the people invoicing for the payment ?
If this option is not feasible a further option being suggested is the use of casual labour at an alternative site.Unfortunately we have no knowledge of the legal requirement or implications of this type of employment.Can you please advise.
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Brian Gegg - Kennedys
Online advisor - 5 posts
John
Sorry for the delay in replying. There was a confusion as to whether I should reply to you or not.
In basic terms you have a choice. There is no reason not to use self employed home labour. The issue will be whether they are truly self employed, which is always a difficult question, particularly when a significant question will be te amount of control you exert over a worker. You could easily proceed on the assumption that they are self employed only to find later on that they have in law been your employees all along, especially as such staff do not sound like they would be self employed to me. However in practical terms if you set up the relationship on invoice and make it clear in your agreements that the staff are not employees you may get away with it on a short term basis.
The better option may be to take on short term hourly paid employees. As long as the contracts make it quite clear that they will be employed only for short periods to fit demand you should be able to avoid the argument that although they come and go they are your employees all the time accumulating continuous service with you. You would not want that sort of "umbrella" contract. It may be that an agency could help you in this regard.
I hope this helps for now, but actually you have asked quite a difficult question which would demand more detail as to the nature of your business etc to answer more fully.
Regards
Brian Gegg
0207 614 3736
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John Man
Member - 2 posts
I took over a restaurant as a going concern about 9 months ago. The employees did not have employment contracts with the old employer and i want to now impose a new employment contract. What can i do if an employee does not accept the contract and continues to work under protest? Could i just treat them as having resigned after a certain length of time or dismiss them?
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