7 replies to this topic

[AdvertBike]

As I am self employed, I am looking to provide extra advertising services early on next year - In order to do this, I am going to need extra staff. However, these staff are going to be on a Casual basis and also on a "as and when needed basis"

Are there any legal obligations I have to think about ?

[Matt Gubba]

Unless you are actually employing them (which I wouldn’t advise for casual work), as far as i am aware your only real issues will be around ensuring that they are getting minimum wage and making sure there are adequate health and safety precautions in place. But I’m not an expert in employment law, so there may be others here better placed to answer.

Your best bet in terms of least hassle would be to use a temping agency in my opinion.

[AdvertBike]

Thanks Matt,

'If ' I do take on any causal staff, they will be getting quite a lot more than the min wage, but I may have to think a little more about health and safety precautions - My other 'rider' has a helmet, glasses, mask (to protect against exhaust fumes) and Hi visible vest

[CHRLtd]

I think you need to tread cautiously when considering taking on additional workers on a self employed basis, as there are a number of tests that have been established through HMRC and the Employment Tribunals to determine whether the 'self employed' person is in fact a "disguised employee", and you may find that if the arrangements that you put in place do not satisfy the tests for self employment, HMRC or the worker will determine that the employment is not self employment.

Casual working is a well established means of having staff work for you when there is a need and not working for you when there is no need, so that you pay for the work that is done, rather than paying a salary when there is no work available.

In taking on casual staff, you will assume some employer obligations and you will need an employment contract that is clear that there is no employment relationship between assignments.

If you would like to contact me, our HR consultancy can provide such a contract and other documents and advice suitable to your needs to you.

Regards
Paul Webb

[AdvertBike]

Paul,

Thanks for the heads up on this - I thought as much.

When the time comes, I will give you a shout

[CHRLtd]

Glad to have been of help, and look forward to hearing from you as your business takes off.

Best wishes

Paul

[Daniel Elkington IFA]

You could contact your local jobcentre as they offer free staff for certain periods (and they are fully refundable).

I would agree with Paul, talking to a proper recruitment specialist should help, or a recruitment agency and then you can get your staff through them in a similar replaceable manner.

If you are doing this sort of work then the federation of small businesses is definitely for you as they offer support with all sorts of stuff and would help you with this kind of problem for your sub.

[CHRLtd]

Paul

Just to clarify my advice on subsequent comment from Daniel, I would not, generally, recommend sourcing your staff from a recruitment agency except where you are seeking to recruit from a very tight labour pool whose members will have scarce skills and experience that come at a premium.

There are circumstances in which recruitment agencies can add real value to the recruitment process, but my judgement in your case would be that you would be incurring on costs of anywhere from 15.00% of salary for very little added value, especially as the new Agency Worker Regulations have, and will probably continue to change the lay of the land with the recruitment agency industry and the relationship with end user clients.

Like Dominic, I suggest that the Job Centre Plus service would be best suited to our needs, which you can also use simply to advertise positions and to then directly employ as many staff as you need under a "Casual" or "Temporary" employment arrangement, that lets you have the staff work for you as and when there is work to be done.

None of this should need recruitment agency or specialist recruitment support - just good, general HR advice to get you set up and on the right path.