Do self employed people have discrimination rights?
Discussion
I'm reading a book on how to interview people as I will soon be hiring someone... without going into too much tldr detail this person will be self employed, essentially working on a commission basis.
And it seems to me that almost every question I want to ask is prohibited if it were a normal employee. E.g. what they do in their spare time, what their hobbies are... heck I can't even discriminate against people for smelling badly unless it's *really* bad as it isn't a job requirement.
So basically I want to ignore these regulations, and I'm hoping it's legal - so does it still counts if the person to be hired is self employed? My hope is I can discriminate however I like and ask whatever questions I want, but does anyone know?
And it seems to me that almost every question I want to ask is prohibited if it were a normal employee. E.g. what they do in their spare time, what their hobbies are... heck I can't even discriminate against people for smelling badly unless it's *really* bad as it isn't a job requirement.
So basically I want to ignore these regulations, and I'm hoping it's legal - so does it still counts if the person to be hired is self employed? My hope is I can discriminate however I like and ask whatever questions I want, but does anyone know?
Why do you think they should be Self Employed?
Merely paying them commission only is not sufficient to get them Self Employed status. There are many employees out there who are paid wholly or mainly through commissions.
I would expect that discrimination legislation applies to ALL indivioduals you wish to hire - irespective of their tax status.
What on earth do you plan to ask them that might fall foul of such legislation?
Merely paying them commission only is not sufficient to get them Self Employed status. There are many employees out there who are paid wholly or mainly through commissions.
I would expect that discrimination legislation applies to ALL indivioduals you wish to hire - irespective of their tax status.
What on earth do you plan to ask them that might fall foul of such legislation?
Eric Mc said:
Why do you think they should be Self Employed?
Merely paying them commission only is not sufficient to get them Self Employed status. There are many employees out there who are paid wholly or mainly through commissions.
Everyone doing my job in my niche is self employed, or at least 99% are. It's perfectly fine... in fact anyone with a mentality that given the choice would not be wanting to give up a few piddly protections in return for the freedom and money is unsuited to the job anyway.Merely paying them commission only is not sufficient to get them Self Employed status. There are many employees out there who are paid wholly or mainly through commissions.
Eric Mc said:
I would expect that discrimination legislation applies to ALL indivioduals you wish to hire - irespective of their tax status.
What on earth do you plan to ask them that might fall foul of such legislation?
Hobbies, interests, how they would cope in a boisterous environment, their age, who their friends are... that kind of thing. And I may, in fact probably will, swear or say something unPC in a few of the interviews without thinking as well. And even if I wasn't intending to ask any of that it would still be nice to know that I don't have to watch what I say too carefully...What on earth do you plan to ask them that might fall foul of such legislation?
I think you are being over sensitive. I can't see any problem asking them about hobbies and outside interests. Age is something I would not ask them directly - although if you set out an interview form to fill in you could have an "age" box which, if someone doesn't want to fill in they don't have to.
At the end of the day, you chose the right person for your own reasons. You don't have to tell the losing candidates those reasons.
The argument of "employment" v' "self-employment" is as old as the hills. The Revenue have lots of criteria they look at to decide which category is appropriate. Although not an official reason (you will never see it in a Revenue internal guidance manual), whatever the "norm" is for a particular industry is a strong indicator for "self-employment" status. This has been proved in a number of cases where the Revenue tried to change the status of individuals who had traditionally been paid as "self-employed" - particularly in the entertainment industry.
At the end of the day, you chose the right person for your own reasons. You don't have to tell the losing candidates those reasons.
The argument of "employment" v' "self-employment" is as old as the hills. The Revenue have lots of criteria they look at to decide which category is appropriate. Although not an official reason (you will never see it in a Revenue internal guidance manual), whatever the "norm" is for a particular industry is a strong indicator for "self-employment" status. This has been proved in a number of cases where the Revenue tried to change the status of individuals who had traditionally been paid as "self-employed" - particularly in the entertainment industry.
Eric Mc said:
I think you are being over sensitive. I can't see any problem asking them about hobbies and outside interests. Age is something I would not ask them directly - although if you set out an interview form to fill in you could have an "age" box which, if someone doesn't want to fill in they don't have to.
The logic, so far as I understand it, is that someone may say they are a steward on the one legged dyslexic lbgt single mother black dwarf club... so it's like asking about every prohibited category all at once!
I ask every candidate I interview about their hobbies and outside interests. It helps you gain a better understanding of them as a person. I also try to make sure that this topic is handled in a conversational manner which gets you a more detailed and honest reply.
The main thing to remember when setting questions is to ask every person the same question. Do not ask a female a question that you would not ask a male. (are you planning on having children is a good example of a no no).
A lot of the time it is just about how you phrase the question as well. For example, I am interviewing for a shift role. I know the female candidate has 2 young children. The question I ask all the candidates is "have you thought about how the working hours will impact on your home and social life?" I find out what I need to about the womans childcare arrangements and ability to do the shifts I need whilst not directly asking the question. And by asking all candidates the same question, I cover my butt from any accusations of sexism.
The main thing to remember when setting questions is to ask every person the same question. Do not ask a female a question that you would not ask a male. (are you planning on having children is a good example of a no no).
A lot of the time it is just about how you phrase the question as well. For example, I am interviewing for a shift role. I know the female candidate has 2 young children. The question I ask all the candidates is "have you thought about how the working hours will impact on your home and social life?" I find out what I need to about the womans childcare arrangements and ability to do the shifts I need whilst not directly asking the question. And by asking all candidates the same question, I cover my butt from any accusations of sexism.
The most popular form of relaxation in the UK is watching the googglebox. As no-one ever admits to this at interview I'd take all answers with a very big ( should fill a bucket) pinch of salt. Let's face it - does an interest in philately, Manchester United or motocross really affect their ability to produce financial reports on time??
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