Is this legal?

EssexGirl

This job keeps popping up locally. Not bad sounding. Perfect hours for me.
But is it legal to employ someone as self employed when there is no autonomy over hours etc? Essentially you would/should be employee on the books?


We are looking to recruit a new member to join our clinic. The position is for a receptionist. The hours are 13-17 hours per week (depends on patients bookings - please note that there is no guarantee of hours.). Its a part-time self - employed position with minimum wages paid

The hours are as below:

Tuesday - 7/7.30pm - 9/9.30pm

Tuesdays - forth nightly - 9.30am-12.00pm

Wednesdays 4/4.30pm - 9/9.30pm

Thursdays - 7/7.30pm - 9/9.30pm

Saturdays covers if needed - 8.30am - 4.30pm

We are looking for an individual that has experience working with patients/customers. Good knowledge using computers and well verse with Microsoft office - Excel and Word.Able to work under pressure and also have own initiative to learn.Hardworking and overall a pleasant character to work at the front end.If you are interested and think that this job is for you, then please email us with your email address and we will send you an application form to be filled up.Unfortunately we do not accept CV's

Job Type: Part-time

Job Location:
**************
Required education:

Diploma
Required experience:

reception/admin: 2 years
Required licence or certification:

DBS Certificate

jessex1990

EssexGirl wrote: »

This job keeps popping up locally. Not bad sounding. Perfect hours for me.
But is it legal to employ someone as self employed when there is no autonomy over hours etc? Essentially you would/should be employee on the books?


We are looking to recruit a new member to join our clinic. The position is for a receptionist. The hours are 13-17 hours per week (depends on patients bookings - please note that there is no guarantee of hours.). Its a part-time self - employed position with minimum wages paid

The hours are as below:

Tuesday - 7/7.30pm - 9/9.30pm

Tuesdays - forth nightly - 9.30am-12.00pm

Wednesdays 4/4.30pm - 9/9.30pm

Thursdays - 7/7.30pm - 9/9.30pm

Saturdays covers if needed - 8.30am - 4.30pm

We are looking for an individual that has experience working with patients/customers. Good knowledge using computers and well verse with Microsoft office - Excel and Word.Able to work under pressure and also have own initiative to learn.Hardworking and overall a pleasant character to work at the front end.If you are interested and think that this job is for you, then please email us with your email address and we will send you an application form to be filled up.Unfortunately we do not accept CV's

Job Type: Part-time

Job Location:
**************
Required education:

Diploma
Required experience:

reception/admin: 2 years
Required licence or certification:

DBS Certificate

No its not allowed it was on the news the other day with a soap company paying less than minimum wage, no control over hours and unlawful deductions from wages.

xapprenticex

that looks so shady

Undervalued

EssexGirl wrote: »

This job keeps popping up locally. Not bad sounding. Perfect hours for me.
But is it legal to employ someone as self employed when there is no autonomy over hours etc? Essentially you would/should be employee on the books?


We are looking to recruit a new member to join our clinic. The position is for a receptionist. The hours are 13-17 hours per week (depends on patients bookings - please note that there is no guarantee of hours.). Its a part-time self - employed position with minimum wages paid

The hours are as below:

Tuesday - 7/7.30pm - 9/9.30pm

Tuesdays - forth nightly - 9.30am-12.00pm

Wednesdays 4/4.30pm - 9/9.30pm

Thursdays - 7/7.30pm - 9/9.30pm

Saturdays covers if needed - 8.30am - 4.30pm

We are looking for an individual that has experience working with patients/customers. Good knowledge using computers and well verse with Microsoft office - Excel and Word.Able to work under pressure and also have own initiative to learn.Hardworking and overall a pleasant character to work at the front end.If you are interested and think that this job is for you, then please email us with your email address and we will send you an application form to be filled up.Unfortunately we do not accept CV's

Job Type: Part-time

Job Location:
**************
Required education:

Diploma
Required experience:

reception/admin: 2 years
Required licence or certification:

DBS Certificate

Most likely yes.

However, providing you declare the income to HMRC then any comeback for not employing your "properly" would fall on the employer.

If the need arises you may still be able to assert employment rights via an employment tribunal. In any case you have very few during the first two years.

The tribunal makes its own decisions as to whether somebody is an employee. Sometimes they may take a different view to HMRC. Neither is binding on the other.

So, if the "job" suits I wouldn't necessarily be deterred from applying.

Masomnia

Agree with Undervalued, it's the 'employer' taking most of the risk here, so if the job really appeals otherwise then I wouldn't necessarily be put off.

On the face of it, it does look a bit dodgy, but it's the way that it is worded.

'We're entering a busy period for the business, and need a freelance receptionist to help out during peak time' isn't dodgy. Describing what is a standard job and then saying 'Oh and by the way you'll be self-employed' definitely does just sound like a tax/other responsibilities dodge.

As you wouldn't be eligible for holiday or sick pay I'd be asking if the salary will be higher to accommodate that.

xapprenticex

^ They did say minimum wages though

Crazy_Jamie

The job sounds absolutely fine. The only issue is the fact that they are labelling it as a self employed position. Legally, I would have thought it's pretty likely that the person in that position would at the very least be a worker, if not an employee depending on how the hours practically work out. But that's not a reason why you shouldn't apply for it, as has already been stated.

EssexGirl

I've decided to give it a wide berth. Makes me wonder how well they treat their not staff "staff". There might just be a good reason it keeps being advertised...