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labour hire

Posted by Peter Christopher on March 27, 2011 at 9:06pm
hi can anyone tell the legal way of using a self employed person to carry a number of gardens throughout the year.  I do not want to take him on, but at the moment I am using him a lot and he gives me an invoice each week.   Is this ok or not.
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  • David Bloomer March 27, 2011 at 9:32pm

    does he have other clients as well?

     

    if so you should be ok

  • Roy March 27, 2011 at 9:34pm
    Yes providing the subi is genuinely self employed. Ensure you get invoices with his full contact details, ask to see anything he has from HMRC confirming he's self employed and above all have a comprehensive contract. Go into HMRC's website and look up 'employee or self employed?' as well as IR35 regulations - it's all covered. Also talk to your accountant.
  • PRO
    Brian www.mibservices.co.uk March 27, 2011 at 9:35pm
    Hi Peter, if he has other customers other than you then the tax man will not deem him to be employed by you, but if you are his sole earnings means, then you would be deemed to be his employer and the tax man will be interested
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