Employment law can get tricky, especially if this is your first time looking to employ staff. Different types of contracts work for different businesses and you need to know your business needs as well as the legality of different routes of employment before you start the employment process.
A lot of employment questions, especially for small businesses, surface around self-employment. Can a self-employed person employ others? Can a business employ self-employed workers? Are self-employed workers considered employees?
In this article we will address some of these more common questions and give you the tools you need to start your hiring process. Knowing what the law says will help you make informed decisions and hire the best people for your business with complete peace of mind.
Before we begin, here’s a quick recap on who is classed as self-employed:
A person who is fully responsible for the success or failure of their business
Sole proprietors, partnerships, and limited liability companies (LLC) – unless taxed as a corporation
A person who is responsible for their own finances, including remuneration for work, all business incomes and expenses, taxes, and contributions.
Can a Self-employed person employ people?
The good news is that if you are registered as self-employed, you can still employ people you’re your business. HMRC has set out a seven-step checklist to help you employ someone and one of the most important things as a first-time employer is to make sure you are registered as an employer. You won’t be able to pay your employee until you are registered and you need to let HMRC know at least four weeks before you employ your first staff member, so make sure you set this up as a priority.
There are certain stipulations and regulations that you need to follow, so make sure that you are in line with these guidelines. You will need to have a steady enough income stream to pay your employee, and remember that you will also need employment insurance and will be responsible for handling all taxes and contributions for your staff.
You will also be responsible for proving a contract if the work will last more than a month.
Can I employ self-employed staff?
Having multiple income streams is not uncommon nowadays and that means you can be both employed and self-employed. If you are looking to hire someone who is self-employed as an employee, there are no rules that say that person is ineligible.
Your responsibility towards a self-employed employee is the same as any other employee. That means that even if they are self-employed and paying National Insurance contributions, you will need to pay those contributions as well. You are also still responsible for any of the normal employer-employee agreements including sick leave, holidays, and pension.
There are far more ramifications for a person who is self-employed than there are for the employer. They will need to add their employed income to their self-employed income on their tax returns and will need to make sure they are properly balancing their jobs.
Are self-employed considered employees?
Depending on the type of contract you draw up, your self-employed workers may be classed as employees. If you hire them as freelancers, consultants, contractors, and in some cases on a zero-hour contract, then they will not be considered employees. Ultimately though, it comes down to how you word your contract and what your business needs.