Employment agency / Employment Business Agreements
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Veteran Legal Expert, Since '07|Contract Drafting Analysis Review Amendment|9 - 12 IST|Inbox for fast contract valuation
Kolkata
Experienced commercial lawyer with expertise in commercial, employment law, business and start-ups
London
Experienced Full Stack Web and App Developer |Android and IOS App Development| Project Management
London
32630907102442549949511147005182286624263373740749489978456950426123484
Description
Experience Level: Expert
Background
In light of the Simply Learning Judicial Review, my tuition agency (PT) are reviewing the way they engage tutors to ensure they are compliant with the law. From our call, I briefly summarise the way you plan to engage tutors:
1. 90% of tutors are engaged on a self-employed basis to provide tutoring services to a private client such as a family whereby PT acts as an introducer to the family and as such charges a fee. A platform called Tutor Cruncher facilitates the practical relationship between the parties by matching a tutor with a family, scheduling the sessions, and taking payment.
In this scenario, PT are acting as an employment agency by introducing families to self employed tutors.
A new payment system whereby the fee is spilt at the moment of payment is being used enabling tutor and PT to be paid separately. VAT therefore is only charged on the PT element of the hourly fee. Separate invoices are raised within the software.
2. PT provide tutors into schools and training centres (sometimes this is delivered virtually). PT will supply these tutors as employees but will do this through an umbrella company to take responsibility for the employment obligations and to facilitate the payment etc. PT will charge the school or training centre a global fee which will encapsulate the hourly rate of the tutor, the employment costs such as PAYE, NIC contributions, PT’s margin, and any VAT payable.
In this scenario, PT are acting as an employment business as they are supplying workers (tutors) into schools/training centres and are responsible for their pay and are thus are caught by the conduct regulations.
Scope
I set out below the necessary documents that need to be drafted for both models
Scenario 1
- Draft a contract between PT and the private client which would set out the introducer arrangement and detail the introduction fee and deal with any requirements for the use of the Tutor Cruncher Platform, including data protection and privacy provisions and include a tax indemnity to protect PT if HMRC did deem the tutors to be employees rather than self-employed . This would include a review of the Tutor Cruncher terms and conditions to ensure that any necessary obligations are passed on to the tutor.
- Draft a contract between the tutor and the private client (to be issued to tutors to use if they choose to do so)
- Agreement between the tutor and PT
Scenario 2
- Draft terms of business for PT to supply workers into schools and training centres (contract between PT and the school/training centre)
- Draft the key information documents necessary to comply with the statutory framework.
- Agreement between the tutor and PT
Temporary worker = tutor
Hirer = client/parent/school
Please let me know if this is something you are capable of working on
Kind regards
Steven
Steven N.
100% (12)Projects Completed
9
Freelancers worked with
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Projects awarded
14%
Last project
12 Jan 2024
United Kingdom
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