There are various different capacities in which someone can provide their services: employee, agency worker, self-employed, worker, office holder, volunteer, volunteer worker. Each category has different rights and obligations. See here for more information on our Employment, Office Holder and Volunteer packs.
Getting the category incorrect will not just have implications with regard to HMRC and under employment law, but there may be biblical principles to be considered, for example:
- A Christian-hearted employer may want to honour a volunteer and reward them for their service. Do this incorrectly and they legally become your employee. As your employee they are legally entitled to wages. Honouring the worker’s historic and legal entitlement to wages may create a liability you can’t afford. The worker deserves his wages and we should honour the authorities, so what do you do? How can you be the best steward of the resources entrusted to you – both human and financial?
- Those in church leadership could be deemed to be office holders, employees or both. The Bible gives some guidance on the model for church leadership. How does that inform what you do? See here for more information.
- A consultant could be deemed to be an employee or self-employed (creating different obligations as to what needs to be rendered unto Caesar). How can you be sure you are paying what you should?
Edward Connor Solicitors is a solicitors practice established as a Christian charity. Through Christ-centred legal expertise, we can help you consider these and other matters, ensuring that those who work with you are doing so in the right capacity and steering you through the legal complexities of your obligations.