Is an employment contract needed?
Q
Is it normal, in the equestrian world, to have a contract of employment? I was thinking of becoming a groom, but I’ve heard that job security can be a bit hazy? Am I within my rights to ask for one if someone wants to employ me? Jade Curtis, Cheltenham
A
Unfortunately, it’s not yet common practice for grooms to have a contract of employment, even if they are an employee. An employee should have a contract of employment within two months of being employed. This can include details of your pay, working hours and any holiday entitlement. Legally, an employee can request the contract of employment from their employer. This contract doesn’t need to be in writing to be legally valid, but I recommend that it is to avoid any confusion on both sides. The employment status of grooms can be a bit of a grey area. Often, even the people who have hired the groom are not sure if the groom is self-employed or an employee, so it’s important that you know your rights and the basic differences between being self-employed and employed. Whether you are self-employed or employed will depend on a number of factors. If you are employed you are obliged to turn up for work and can’t send someone to work in your place, and the person hiring you is obliged to provide you with work. Self-employed grooms If you are self-employed you will usually be given free rein on how you do the job, and have to supply your own equipment such as forks, a wheelbarrow and grooming brushes. You are also likely to have to have
your own insurance. You would also need to submit your own accounts to HMRC and pay your tax. If you are self-employed you won’t be entitled to contractual or statutory sick pay and holiday pay. As a self-employed groom, you will have more flexibility, such as when and how you work, but you will have fewer employment rights and less security than an employed person. When you talk to someone about a groom’s position, clarify whether it is employed or self-employed. If you are offered the job and your position regarding this is still unclear, seek legal advice from an employment law solicitor or your insurance company’s legal helpline.