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I think it depends whether they'd meet the definition of a Worker? (I Am Not An Employment Lawyer But) if they're under your control, can't substitute someone else to do the job etc (IANAEL) then it's not subbing, even if you're paying their company rather than them? But, I'm not an employment lawyer or a sub-contracting lawyer!
Victoria Russell-Robbins
Engaging consultants and second level subcontracting
Edited
Hello
1. Is anyone able to clarify further the EFSA’s position on whether, as an employer-provider, are we able to engage a consultant under a contract for services to deliver the delivery and assessment of our apprenticeship courses? Does this count as subcontracting? Do they need to be on the Register of Training Providers?
2. Secondly, if we are subcontracting an organisation to deliver functional skills for us and they engage an self employed subcontractor to deliver the content - is that considered second level contracting pursuant to the Employer Provider rules?
Thank you again,
Vikki