Urgent Advice Required

sangie595

ACG wrote: »

You are correct, what I actually meant was government guidelines for employees - DWP guidelines?

Although I still stand by what I said to some extent. With no contract in place and limited advice by the sounds of it our OP should still be checking that they are working within the HMRC rules.

I don't disagree that they should also operate within tax law. But no, the DWP doesn't define employment status either. And there aren't guidelines. They are laws, and court interpretations of the laws (case law). It isn't quite so simple as "go find a set of guidelines" to employ people. There are contractual conditions, health and safety regulations, working time directives, statutory holiday entitlements, maternity and paternity considerations.... Some of which apply to workers as well as employees. All of which are set down in law and then those laws are built upon by the courts. Ask Uber about it!

In particular the courts are currently coming down hard on employers trying to get around the protections that workers and employees have. It doesn't matter whether you are a small employer or a large employer - you are expected to operate under the law and to know that you are. The latitude that tribunals may give to smaller employers does not extend to a laissez faire approach to the law.