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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
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Experience:  Expert in UK Employment Law
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Is there any reason from a legal standpoint why I could not

Resolved Question:

Is there any reason from a legal standpoint why I could not have a sales manager be "hired" as self employed?

And on from that is there any legal reason why we as a company could not get a sales team who were self employed and working on commission only?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What are the reasons behind your decision to hire them as self employed?
Customer: Someone has suggested that it might help our cashflow to have the sales team self employed and it also means we are not fixed to set hours in an industry that has unpredictable sales hours.
Ben Jones :

It is entirely possible to hire a sales manager as being self employed, however what you label them as does not necessarily mean that what they will actually be. It means that you could hire them as self employed and believe they are a self employed worker, but in reality they could be an employee and if it comes to a dispute and a court looks at their position and relationship you had with them, they could decide they were an employee and give them employee rights.


 


Following years of case law, a number of established factors have generally been accepted as a reasonably accurate way of establishing whether someone is an employee or self employed. The courts would still use some of these to get an overall picture of the employment relationship and determine the person's employment status.


 


The tests that are most commonly used can be found here:


 


http://www.hmrc.gov.uk/employment-status/index.htm#1


 


By following the link and answering the questions one may get a good idea of what someone's employment status is, although it is worth noting that these are still only an indication and only a court can provide a definitive answer. They are nevertheless useful to use in tailoring the job specification to ensure that the person is as much a self employed worker as possible.

Ben Jones, Solicitor
Satisfied Customers: 39008
Experience: Expert in UK Employment Law
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