Thread: Employing people for cnc work?
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16-11-2014 #2
Generally, http://gov.uk/ is pretty good for locating guidance on this, and it much more authorative than we are.
I'm not personally a lawyer, and this is based off my own recollections and understanding. I have only considered employing/subcontracting someone, I have not actually done so.
The most obvious measure of whether someone is considered a contractor or an employee is a determination made by HMRC. This affects whether you have to admin PAYE etc., Fortunately, there's a web tool which if you meet the stated requirements is binding on HMRC.
It mostly seems to depend on how much control you have over what they're doing. If you can say when, where and how they work, they're likely to be an employee - especially if they're not providing their services to others.
If they're a contractor as far as HSE is concerned (do note that HSE and HMRC do have different definitions!), then according to advice from HSE you may not strictly require Employer's Liability Insurance.
Do consider that if someone does manage to get their arm wrapped around the spindle of your mill, then you might be held liable (your machine on your property) even if they're not strictly your employee.
Additionally you might need to get permission from the mortgage company etc., and to you might think about public or product liability insurance.
I hope you're following health and safety protocol anyway! If I remember correctly, it's mostly simple stuff; like your machines have guards, you're keeping the floor clear of trip hazards, you're wearing safety glasses, your e-stops work, you've got fire extinguishers (see various stories on this forum). Often very little is specified as legally required, it's more whether it can be justified as reasonably safe - ie., the risk is managed.
Obviously, the further you get away from the standard arrangement, the harder it gets to find advice. I do however seem to remember reading that you should keep records of such goods or services in kind, because the value of said goods and services should feature on your tax return.Last edited by Jess; 16-11-2014 at 12:48 AM.
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