Thinking of engaging the services of self employed assistant

**watford wizz** · 22-06-2014, 06:22 AM

Does anyone know of good sources of info/ contract templates etc apart from this forum. Have a friend who wants to work and train and I don't want to get into being an employer. Thanks x

Simona · 22-06-2014, 08:31 AM

Originally Posted by watford wizz

Does anyone know of good sources of info/ contract templates etc apart from this forum. Have a friend who wants to work and train and I don't want to get into being an employer. Thanks x

If your friend wants to be self employed or free lance there will be no need for a contract as such...look out for info on how this can work for you both
you do not employ her, you need to agree on an hourly rate
As self employed she will need to provide you with an invoice at the end of the month for you to pay her for the hours worked
you do not need to take NI or Tax off ...she will take care of that side of business herself...unless she is a co-minder who works for you but recruits her own children?
make sure you keep invoices and paperwork filed away safely

Sit down and put a plan together of what you both want and expect from this agreement...seek advice but it can be done
I am at the moment working as free lance and it works very well indeed as I continue to be self employed

Good luck

**watford wizz** · 22-06-2014, 03:02 PM

Thank you x

**amyp** · 22-06-2014, 03:36 PM

If you speak to an accountant they will tell you an assistant can not be self employed as they don't meet the criteria. I have employed mine!

**watford wizz** · 22-06-2014, 04:28 PM

I'm confused some on here say they can be self employed as long as free to work for others if want too and some say can't be self employed cause don't meet criteria. Where will I find these criteria?

**amyp** · 22-06-2014, 05:28 PM

Hmrc i think. It's a pain xx

**watford wizz** · 22-06-2014, 06:34 PM

Thank you x

**samb** · 22-06-2014, 10:15 PM

After a lot of research I am also employing mine.

**rickysmiths** · 22-06-2014, 10:44 PM

I think you have to Employ them if the earn over a certain amount per week, it used to be just over £100 but not sure now. I know when I was looking into it my Accountant said they had to be employed by me. You need to produce a pay slip every month and a P60 at the end of the Tax year. You have to pay min wage at least, sick pay, holiday pay, Maternity Pay. I wouldn't employ anyone without a robust Contract. You need to think what you would do about numbers if your Assistant is off sick, if they go on Mat leave or when they are on holiday.

Simona · 23-06-2014, 08:39 AM

Originally Posted by watford wizz

I'm confused some on here say they can be self employed as long as free to work for others if want too and some say can't be self employed cause don't meet criteria. Where will I find these criteria?

We can only support you in your decision and signpost to where you can find more information
HMRC will advise you on setting up PAYE and as said below employees have rights such as sick pay, holidays etc
If you want to find out about self employment then I think UCAS can help you

Good luck

**samb** · 23-06-2014, 10:27 AM

I spoke with acas, hmrc and my local authority and after going through all questions with them I concluded I needed to be an employer. Acas will check contracts with you if you're unsure of anything, hmrc provide a list of companies you can use to do pay slips etc and there are free ones for under 3 employees too so that's not a problem. You will have to pay sick and holiday pay and meet minimum wage. And maternity if it so happens- although you claim most of this back from the government ( I know from when I nannied that this happens). Obviously their tax and ni is calculated off their hourly wage so there's no extra fee to pay of this plus you take off their salary as an expense when sorting out your accounts. I was worried at first but it's not as bad as I thought.

Assistant will need to fill in an ey2 form, which triggers a DBS which costs about £52 and if you plan to leave them alone at all then first aid will need to be done before too. Did all ours next week hoping to start her in sept. I've given her my policies and procedures to look through in the mean time and have arranged a couple of sessions with her leading up which will count as an induction and will give her an induction pack documenting what we have done too.

I'm really excited.

**amyp** · 23-06-2014, 12:42 PM

Well done on the research! I hope it works out for you!!! Xx

**mama2three** · 23-06-2014, 01:34 PM

Good Luck.
I considered having an assistant but decided against - the downsides of them going off sick etc were too much of a hurdle for me. I cant go over numbers and didn't want to be in a position where I had been let down by an assistant and so had to let families down. I felt that was too much risk to my professionalism and my reputation.

**samb** · 23-06-2014, 11:09 PM

Originally Posted by mama2three

Good Luck. I considered having an assistant but decided against - the downsides of them going off sick etc were too much of a hurdle for me. I cant go over numbers and didn't want to be in a position where I had been let down by an assistant and so had to let families down. I felt that was too much risk to my professionalism and my reputation.

Me too which is why I am now making up a bank staff list of willing friends who can help in these situations - hard work- hopefully worth it!

**mama2three** · 24-06-2014, 07:05 AM

Originally Posted by samb

Me too which is why I am now making up a bank staff list of willing friends who can help in these situations - hard work- hopefully worth it!

Id be a little worried that friends always say yes to these kind of things but then aren't available at an hours notice ..they have made their own plans and have their own kids to sort out etc.... plus the cost and hassle of dbs for each of them and having several registered assistants.....

Simona · 24-06-2014, 08:43 AM

I am glad that samb has found the right solution for her and become an employer...good luck hope it all goes well!!

Just a thought on assistants being sick...that is very true but...CMs can be sick too and an assistant could be very useful and step in to save the day !!!

**rickysmiths** · 24-06-2014, 08:57 AM

Originally Posted by Simona

I am glad that samb has found the right solution for her and become an employer...good luck hope it all goes well!!

Just a thought on assistants being sick...that is very true but...CMs can be sick too and an assistant could be very useful and step in to save the day !!!

Not really because they can only be with the children on their own for 2 hours a day. I don't think the cm being up in bed ill would count as them being with the Assistant.

**mama2three** · 24-06-2014, 11:22 AM

Originally Posted by rickysmiths

Not really because they can only be with the children on their own for 2 hours a day. I don't think the cm being up in bed ill would count as them being with the Assistant.

I agree - plus as a cm I am responsible for my business - Im gong to be much more likely to 'work on' through illnesses to maintain my business , my reputation , goodwill etc than I would be to earn a minimum wage as an employee.

For those of you who have assistants and found it works well for you then I think that's really great , its just not for me...

**samb** · 24-06-2014, 12:20 PM

It's funny cos I have the opinion that if the assistant is self employed they are more of a risk? They have to be free to work elsewhere so could let you down more easily, I've heard a lot of people pay them less than minimum wage as they don't have to comply with it if they're self employed fair enough but being employed they have more incentives such as being paid without bothering with their tax returns, being paid if ill or on holiday etc. It would worry me having someone who was self employed who would find better terms and conditions working in a nursery etc.

The assistant can't cover if I'm sick although could possibly do the after school children if less than 2 hours.

Emergency cover don't need checks through but can't be left alone with the children. But the people I have spoken to are nannies, childminders or nursery nurses too as well as friends and I have a few to fall back on.

Totally understand why people would say it's not for them. I'm hoping it works but I'm also open to having to say after a trial that no it didn't work.

**watford wizz** · 24-06-2014, 12:45 PM

I don't want to extend my numbers, leave children with someone else, have sick cover, just want to lighten my work load. As far as I can see I have to contact hmrc and depending on who I get they wiil then tell me if I can use the services of someone who is offering self employed help. She is already employed elsewhere.
I'm also not after exploiting anyone financially.
Will continue my research.