Would like some advice re: employment law from anyone who runs their own business, especially gardeners

[McBee27]

Hi there,

First post on here, so please excuse if I break any posting etiquette!

My DH currently works full time in retail, but is looking to start a career in horticulture. He recently got offered a job by someone running their own garden maintenance company.

This all looked very promising - wages were good, full time hours, etc. However, the chap running the company said that my DH would have to work on a self-employed basis, and sort out his own tax etc. Now, am I correct in thinking that if my DH was working solely for this company, then that's not possible? He would be classed as an employee, no? And therefore it would be this guy's responsibility to sort out tax, sick pay, a proper contract and so on?

I have contacted the CAB on this, and they should be phoning me back tomorrow. But I was wondering if any of you out there who run your own business, or who have worked as gardeners, have come across this sort of set-up before? Is it fairly common?

Any advice is much appreciated. :)

I work in a different industry, but not that long ago HMRC had a shake down of self employment in our industry they issued as with criteria as to when you can be self employed these are:

1. You must work for more than two clients within a given time period in our industry two weeks.
2. You must be able to set your own working hours.
3. You must be able to substitute someone else in your place.

So I as the boss am self employed, but my staff are employees as their contract is with me and I set their hours etc.

If he'd be working full time for one company then yes, he would be employed.

Thank you! :-)