so can you take on somebody, put him in one of your vans, give him a schedule of cleans and pay him self employed or not, anybody doing this..?
Graham
If something happened and it went to court, you'd find he was employed in this scenario and therefore employed and you'd very likely be held responsible as his/her employer.
Or if the 'self employed employee' was audited for tax purposes and had not been paying his taxes on his 'self employment income', you would be liable for them and they'd very likely look into your tax affairs too.
I know someone who this happened to (different business to ours though) and it turned his world upside down for a while.
Surely it'd matter the ammount of hours done.
I have a self employed guy work for me, 1 day a week, he uses my my kit. But the other 4 days he's on his own, doing his own work.
Even if he did 2 days, he's still doing 60% his own.
I'd think the problem would lie in doing more than half.
I doubt there's any solid legislation on it.