After a detailed review of all of the tradespeople’s working practices, it was clear that the supply of skilled sub-contractors could be outsourced to EEBS. However, the working practices for the unskilled labourers meant they fail the supervision, direction or control test: This means they must, by law, be paid through PAYE.
There were three options for the client:
1: Engage the unskilled labours directly as employees
2: Engage them through EEBS on a hybrid engagement where they remain self-employed, but are paid under PAYE, or
3: Engage future unskilled labours through a traditional agency. This was the actual outcome: The tradesmen concerned were not prepared to be paid through PAYE and the client was unwilling maintain their direct CIS engagement, so the engagement was terminated by mutual consent, and the client replaced them with workers from a traditional construction Agency.
