Q: I have an employee who has been with my company for three months and has been self-employed. I now want them to go on the books and receive payment by PAYE. Is this something that I am able to enforce or is the employee able to refuse my request?
Mar 22 2011
Answered by: Peter Done Ask a question
You cannot force someone to become an employee. However, what you need to do is have a meeting with them to finalise their working relationship with you. If they agree to become an employee then there are no difficulties.
If they refuse to become an employee, then you need to record clearly that it has been offered and refused and that they are choosing not to become an employee. You need to have a clear commercial contract with them to set out the obligations on both parties so that they cannot seek to establish later that they are in fact an employee or a worker.
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