If you are going to work with self employed contractors or rent a chair in your business, It is vital to set up your business correctly to avoid an unnecessary and painful HMRC investigation
HMRC’s started to crackdown on disguised employment following the Supreme Court ruling in 2021 against Uber. Taxis and hairdressing sound different but this ruling sets a precedent for further cases in which businesses utilising self-employed individuals under ‘disguised employment’ can be prosecuted.
The hair sector has seen numerous cases of courts and tribunal rulings against salons across the UK who do not have true self-employed agreements. If HMRC finds that self-employed salon teams are effectively employees, then those staff should be entitled to sickness, holiday, and redundancy pay. This also means the employer is liable to pay employee and employers national insurance contributions, as well as VAT liabilities. This is why it is so important to set up your business correctly.
Red flags for HMRC investigations
To ensure you are not operating as ‘disguised employment’, you need (amongst other things) to show you:
Have a specific agreement / contract in place setting out the working relationship between the 2 parties
Allow self-employed individuals’ total control over their working hours, pricing, dress code and holidays
Allow Self-employed individuals to have access to their ‘chair’ or premises whenever suits them to practise their trade
Separate payments. You should not take deposits or payments on the self employed individuals behalf
Do not pay for or contribute to the costs of equipment or other running costs for the self Employed staff
For more information, read the HMRC guidelines here. As a top line guidance, HMRC state the following principles:
each party to have ultimate command and authority over all aspects of their respective business
each party to be responsible for the finances of their respective business
neither party to be solely obligated to - or rely or depend upon - the decisions of the other.
Rebecca Day an HR expert says “ If HRMC decides your contractor actually is a ‘disguised’ employee, you could end up with a big tax bill. Just because the contract says ‘self-employed’ it doesn’t mean that they are.” “In essence someone is only self-employed if they are running a chair or beauty bed in your salon and are running their own business which you have nothing to do with. So, you shouldn’t be booking their clients in, or allowing their payments to be mixed up with the payments for your employed staff.”
You need to be really careful. Try not to involve self employed staff in the running of your business and the decisions you make. It is your business and you need to have sole control over the running of it.
How can Slick help?
SlickPay has been designed for those renting chairs or operating a hybrid model with employed staff and self employed staff in the same premises.
SlickPay allows payment or deposits to be taken in store or online and the monies deposited in the bank account of the relevant service provider net of any payment fees.
This ensures that cash flow and revenue is separated for the business and the self employed contractors alike
Importantly the self employed pay any payment fees which means you are not paying any of their costs but also means you increase your profitability.