Patrick Tucker commented, 28 July 2021 08:48

Associates and those who are self-employed or supplied by an employment agency are not subcontractors if those individuals are working under your direction and control, in the same way as your own employees. This could be through an associate agreement. This is not as employed staff through an employment contract. There is also secondment agreements. This is common practice and has been for decades. However, the ESFA seem to interpret the rules sometimes to fit their own agenda.

1. Associate Trainers and Subcontracting

Associates and those who are self-employed or supplied by an employment agency are not subcontractors if those individuals are working under your direction and control, in the same way as your own ...