Article by Nick Pilgrim
Mar 21, 2023

Employment Status – The Right to Choose

Being able to match workforce to workload, and maintain a flexible compliant workforce is key to operating a successful construction firm as is having the right to choose how YOU work.

So lets start with the last point first, and it really is a simple point of principle. Do you believe as an individual that it’s your right to choose to be either an employee, or to work on a self-employed basis, or are you happy for the Government to decide your Employment Status for you?

And, assuming a company operates lawfully and honestly, should the business have a choice in how it structures its own workforce, or is it the Governments job to decide?

Two simple questions to be sure, but given the amount of (not least political) debate around the whole issue of Employment Status over many years, the answer will very such be a subjective view!

For the record, at EEBS we believe every person has the right to choose how they work, without being exploited; And every company is obliged to operate both lawfully and within the spirit of the law – but should absolutely be allowed to run its affairs however it sees fit – including  the makeup of its workforce.

And that really is at the heart of the first two points. The Construction Industry is unique in the UK economy in having such a long established and ingrained model of self-employment, with it’s own specialist tax regime; HMRC’s construction industry scheme – the CIS. And the need to maintain a flexible workforce, in order to match a company’s workforce to it’s workload is simply reflective of the demands and pressures that all companies face within the construction industry in general, and the peaks and troughs of workload in particular.

For workers within the industry it’s the “quid-pro-quo” of being self-employed:  Your take home pay will be at least 30% higher if you work on a self-employed basis compared to those who choose to be employees. Your side of the bargain is that you will be the first to go if there is no longer enough work – and you don’t have a right to recourse if you are between jobs.

Need advice on setting up a flexible, compliant workforce that allows you to match workforce to workload then get in touch with the EEBS Team.

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