Pictured: Mike Russell
Shropshire construction companies are being urged to make sure
their paperwork is in order, as the Government prepares to step up
its clampdown on sub-contract workers.
The warning comes from Mike Russell, who manages the
construction and property division at Shrewsbury-based accountancy
firm Dyke Yaxley.
He said the coalition announced some months ago that it would be
examining the "false employment status" of some staff.
"This could be very costly for any Shropshire contractors if
they are subject to an inquiry into the employment status of the
sub-contractors that they use," he said.
"If the Revenue can show that sub-contractors should instead be
classified as employees, they could recover substantial amounts of
lost tax and national insurance from the contractor, as well as
imposing interest and penalties.
"Contractors should ensure that they have in place a signed
self-employed contract for services, for each sub-contractor used
on each contract, if they are self-employed.
"A contract for services is a legally binding document which
sets out the rights and obligations of both parties.
"These include the fact that the sub-contractor has no
obligation to provide his services, has the right to send someone
else to do the work on his behalf, and that the sub-contractor is
not entitled to any employment rights.
"So, the sub-contractor is not entitled to any holiday or
sickness pay and has no right to partake in the firm's grievance
procedure, or to claim for unfair dismissal."
Mr Russell said: "The contract should reflect the true working
practices of both parties, and provide a complete framework to
protect both parties. This will then support the self-employed
status of the sub-contractor."