16 DD job is a subcontract agreement - is this ok?

[keepmoving]

DD16 has been working as a sports helper and has recently completed first level qualification to allow her to teach under supervision. I’ve just seen her contract and realised she isn’t employed but has a subcontractor agreement that required her to take out her own insurance/have personal liability against any loss caused by negligence or reckless act.

First question is 16 old enough to enter in such an agreement?
She has had to pay for her qualification but wasn’t told about the need for insurance until after competing the training and receiving the agreement.

The whole agreement is one sided to the sports provider (they give no notice, she has to give up to 12 weeks). She should be an employee but they have found a way around it?

Hi op, I'm no expert so hopefully someone will be along to help. However as a contractor myself my first thoughts are

• is she registered as self employed, and therefore submitting a tax return and paying her correct contributions directly to HMRC? I would presume she is not PAYE? Check her payslip
• read the rules around IR35 and ensure you are clear on whether she is inside or outside of it as this will have an implication on tax and could give a nasty surprise down the line

It could all be totally fine but I think you are right to double check

IR35 info - this is based on you saying she should be employed but isn't, which is exactly what IR35 addresses
www.contractorcalculator.co.uk/ir35.aspx

Thanks @CurlsLDN I will take a look. I didn’t even think 16 year olds could be set up as self employed. No she’s not registered with HMRC yet, we can sort that out.
I’m also concerned about liability insurance…
Honestly she’s merrily signed the agreement and then given it to me!

It’s only a Saturday job if that makes any difference? 6.5 hrs work per week.

I agree that I very much doubt she is self employed.
I am also not sure how a 16 year old could take out Liability Insurance

It doesn't seem worth the bother. My insurance for a low risk activity is £200 a year. If she's only working 6 ish hours a week, would she earn enough for insurance to be worthwhile as an expense? Even if a company would insure a 16 year old.

Does she get the insurance through being a ‘coach’ member of the sport’s governing body? It might help if you say what the sport is.

@IkaBaar good idea. We might look at this.
Bless her she found and sorted the job out herself and has now shown me the contract she signed!