larus
Well-known member
Question for the sages of NSC.
I run a small company providing business/IT support and, with one of my customers, I have an outsourcing contract to maintain/develop their business system. There is a contract with them which covers me being on-site a certain number of days per year, and also a full-time person (this person is employed by me, on my payroll and is therefore on PAYE).
The customer has mentioned to me that they have concerns about the legality of this person being my employee, but being based fully on their site so they are seeking legal advice as to whether they need to employ him directly rather than being my employee.
So, my question is, can an employee of my company who works fully on this customer site have any legal rights in respect of the customer? This situation has been on-going for many years and works well. I do accept the boundaries could be blurred.
Note :this is nothing to do with HMRC, as the person is payed via PAYE, so HMRC won't care as it's not a tax avoidance issue. Also, I am not a agency but have a specific contract which details the services/responsibilities/resources required.
I run a small company providing business/IT support and, with one of my customers, I have an outsourcing contract to maintain/develop their business system. There is a contract with them which covers me being on-site a certain number of days per year, and also a full-time person (this person is employed by me, on my payroll and is therefore on PAYE).
The customer has mentioned to me that they have concerns about the legality of this person being my employee, but being based fully on their site so they are seeking legal advice as to whether they need to employ him directly rather than being my employee.
So, my question is, can an employee of my company who works fully on this customer site have any legal rights in respect of the customer? This situation has been on-going for many years and works well. I do accept the boundaries could be blurred.
Note :this is nothing to do with HMRC, as the person is payed via PAYE, so HMRC won't care as it's not a tax avoidance issue. Also, I am not a agency but have a specific contract which details the services/responsibilities/resources required.