Q: Can I employ someone who is self-employed on a zero hour contract?
Aug 04 2009
Answered by: Peter Done Ask a question
This is quite a complex issue. The specifics of it depend on both the nature of your business and the role that the person is undertaking. In general, there is no single test to define who is considered an employee and who is considered to be self-employed. If you choose to give someone a zero hour contract, you need to consider:
• If you expect to control what work they do
• Whether you want to determine when and how the work is done
• The provision of holiday and sick pay
• Whether you will be paying their tax and National Insurance
If you will be doing these things, then this person is likely to be classed as an employee rather than self-employed.
By a zero hours contract, I take it you mean that the staff member isn't guaranteed to be given any work. And therefore as the employer, you have no obligation to offer a set number of hours. However, you need to take into account their working pattern. If the person works the same number of hours each day/week, then it may become an implied term of their contract that they do have a set number of hours to work each day/week.
You would need to seek further advice on the matter as there are different things to consider that are dependent upon the nature of your business and the role in question.
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