Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Freelancers are a popular alternative to employing permanent staff for some employers. The relationship is flexible and there are no long-term commitments for either party. Further, a lot of the regulations that would apply should you employ that staff member on a contract of employment (for example unfair dismissal under the Employment Rights Act 1996).

If you regularly contract with freelancers to work on projects then you’ll clearly want assurance relating to a number of issues, including:

  • The capability and qualifications of the freelancer to do the work
  • That the work will be done to the standard specified and with reasonable care and skill
  • That the work is completed within the necessary deadlines

The tendering process is the stage at which to verify the capability and qualifications of the freelancer. Ensure that the freelancer provides you with a portfolio of work done, their CV, and at least two references relating to previous work they have completed. Take the time to speak with the freelancer, either in person or on the telephone. It’s vital that the nature of the work and the desired outcome is explained at an early stage. If not, both parties can get a nasty shock when it comes to submitting the work.

The second two issues relate to the terms of the contract with the freelancer. A contract can be in writing or oral and the terms can be express or implied. So if there’s no express written contract an oral contract will substitute to effect the relationship between the parties. Even if there is no express written contract there can be express terms  between the parties – for example as to the nature and value of payment, and the deadlines in the project. However, in the event of a dispute (and the lack of a written contract) it may be difficult to prove that these express terms existed unless there is written correspondence delineating the terms on which the parties engaged in the relationship.

Our recommendation would be to always have a (relatively simple) written contract with the freelancers that you contract with. By doing so you are potentially avoiding practical and legal problems in the future (such as a dispute over deadlines) and both parties understand the terms on which they are offering and receiving services. You should include express terms relating to:

  • The nature of the work to be done
  • Who is to do the work
  • When the work is to be done by (either staged or in one ‘go’)
  • The value of the payment to the freelancer and when it should be paid (either staged or, again, in one ‘go’)

In the event that there is no written contract with these express terms (or the written contract doesn’t specify particular terms) the terms of the contract are implied by (depending on the nature of the work) the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. These two pieces of legislation and their effect on consumer to business and business to business relationships will be explained in a future post.

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Leave a Reply

Your email address will not be published. Required fields are marked *

 

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

124 Reviews

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 2 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 3 months ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 3 months ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 3 months ago

Anonymous

Easy to get hold of. Quick.

Posted 3 months ago

Owen J

Very helpful, efficient service.

Posted 3 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 4 months ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 4 months ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 4 months ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 4 months ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 4 months ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 4 months ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 4 months ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 4 months ago

Tim O

Experienced and competent advisors

Posted 4 months ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 4 months ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 4 months ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 4 months ago

Anonymous

Good service

Posted 4 months ago

Anonymous

Excellent professional service. Highly recommend.

Posted 4 months ago

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 5 months ago