If someone has invoiced you as self-employed for years and works like a member of staff, the employment starter pack puts them on a written contract and day-one statement, from £895 +VAT.
Employment status turns on how the work is done day to day. If someone works the hours you set, under your direction, with your equipment, cannot send a substitute and is expected to keep turning up, they are very likely an employee or a worker, whatever their invoices say.
A clause saying they may send a substitute, when nobody ever has, can be set aside as a sham. The Supreme Court held that in Autoclenz v Belcher in 2011.
Who decides how, when and where the work is done.
Whether they must do the work themselves, or can send someone else.
Whether you are expected to offer work and they are expected to take it.
Tribunals also look at whether they are part of the business, who provides the equipment and who carries the financial risk, and weigh the answers together.
The starter pack covers the documents. Payroll sits with your accountant, and Buzz Accounting handles payroll, pensions and PAYE for businesses that want it.
A contract signed today records the relationship from today, and leaves what the relationship was before unchanged. If the facts show they were an employee all along, their continuous employment runs from when they started, and that date goes into the written statement.
Holiday pay, notice and the tax position for the years already worked are separate questions, and the tax side is one for your accountant. If someone has already brought a tribunal claim saying they were an employee or a worker, see employment tribunal defence. We defend those claims ourselves, at a fixed price for each stage.
The employment starter pack. Subscribers pay from £805.50 +VAT. Several contractors moving onto the same terms is one set of documents. Several sets of terms for different groups of staff is priced separately, and you get the figure first.
Get my fixed price →The written statement the law requires on or before their first day as an employee, and the contract around it.
The new terms set out in writing before they agree to move.
For the information and the clients that stay with the business.
For the people who stay self-employed, written to match how they work with you.
Employment contracts and written statements are outside the activities the law reserves to authorised firms, so they can be priced as a fixed fee. Work carried out by AD Solicitors carries the full SRA framework, including the compensation fund and the Legal Ombudsman. Work we carry out ourselves does not.
Buzz Legal handles contracts, terms of trade, employment paperwork and dispute preparation. Court work, and the other activities reserved by law, are carried out by AD Solicitors, authorised and regulated by the Solicitors Regulation Authority (no. 8011228), and you are told which yours is before you spend anything. How this works, in full. This is information, not advice on your situation.
Agree the new terms, put them in an offer letter, and give a written statement of the main terms on or before their first day as an employee, with a contract around it. Set them up on payroll, assess them for automatic pension enrolment, and record their start date correctly. The employment starter pack, from £895 +VAT, covers the documents. Payroll and pensions sit with your accountant.
Not if they were an employee in law all along. Continuous employment depends on the facts of the working relationship, so a new contract does not reset it. Where the history shows employment from an earlier date, that date belongs in the written statement. If they were self-employed in fact until now, their employment starts on the new contract.
Yes, where the work is self-employment in fact. The starter pack includes a contractor agreement written to match how they work with you, including whether they can send a substitute and work for others. The agreement has to describe the relationship as it runs, so the facts and the paperwork need to agree.
Your accountant. Moving someone onto payroll brings in PAYE, National Insurance and pension duties, and any question about tax for the years already worked is an accounting and tax question. Buzz Accounting handles payroll, pensions and PAYE for businesses that want it. We write the employment documents.
The employment starter pack is from £895 +VAT, or from £805.50 +VAT for subscribers, agreed in writing before work starts. It covers the employment contract and day-one statement, an offer letter, a confidentiality agreement, a contractor agreement and restrictive covenants. If you also want a staff handbook, the HR policies pack is from £1,495 +VAT.
The number of people moving, how long they have worked for you, and how the work is done now. You get back a fixed price before any work starts. See the privacy policy for how we use your details.
From £895 +VAT, agreed in writing before work starts.
