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salary or fee sharing?

Discussion in 'Employment in the United Kingdom' started by Jenni18, Mar 9, 2011.

  1. Jenni18

    Jenni18 Member


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    Hello,

    I currently have my own private practice and I am looking into taking on a fellow podiatrist to work with me.

    I was just wondering if anyone could give me some feedback on the preferred payment method, would you personally prefer a fixed salary or to work on a fee sharing basis?

    I am trying to work out what would work for me and also what people would be more interested in.

    Thanks
     
  2. Catfoot

    Catfoot Well-Known Member

    Hello Jenni18,
    Looking at this from an employer's point of view IMO it would be unwise to take on a salaried person in the present economic climate.
    If you do this, they will be your employee and you will have to pay them regardless of how much work they do. Even if you have a slack week they will still require the agreed salary. In addition, you will have all the responsibilties of an empoyer in that you will need to provide their uniform, instruments, set up a PAYE system etc. and be vicariously responsible for everything they do.

    I would suggest that you take on an Associate on a fee-sharing basis.

    The Society of Chiropodists & Podiatrists (if you are a member) will advise you about this and also about a suitably-worded contract. If not, a solicitor who specialises in employment law will put you on the right track.

    Good luck.

    Catfoot
     
  3. Griff

    Griff Moderator

    Jenni,

    From your perspective I would imagine you'd be better off taking on someone on a self employed basis and offering them a fee share or room rental. If you salary them then you have the added ball ache of sorting out employer NI, employee rights (sick pay, annual leave etc etc).

    IG
     
  4. Jenni18

    Jenni18 Member

    Thanks for your replies.

    I understand what you mean about having to pay them even if there is little patient income, however I worry about keeping my business successful.

    Would I be able to ensure they carried out the same business procedures I do, which patients are happy with if they are seen to be self-employed?

    Jenni
     
  5. Catfoot

    Catfoot Well-Known Member

    Hi Jenni 18

    I'm not too sure what you mean by this. Could you elaborate?

    regards

    Catfoot
     
  6. Jenni18

    Jenni18 Member

    Sorry again.


    Would my business still be my own business and not someone feeling it is a partnership?

    What I mean is if the person is an associate would they need to be consulted on business decisions regarding patients, i.e. if the patient fees were to increase. Or are they simply subcontracting to me?


    Jenni
     
  7. Admin2

    Admin2 Administrator Staff Member

  8. Catfoot

    Catfoot Well-Known Member

    Jenni 18,
    Generally speaking the answers to your questions are,

    a. Yes
    b. No
    c. Yes

    No-one can be a partner unless you draw up a partnership agreement, and I understand that this is not what you want to do.

    You are the owner of the business and as such can put whatever terms and conditions in your Associates contract. (You can insist they wear pink srcubs if you want !)

    It is very important you do have a contract so everyone know where they are from the start

    However, you need to take advice on the wording either from your professional association or a solicitor (or both). This might be expensive initially, but 'an ounce of prevention is worth a pound of cure' as they saying goes.

    regards

    Catfoot
     
  9. Jenni18

    Jenni18 Member

    I see!

    I'll speak to my solicitor about this too, I'm already going to have a meeting about sorting a lease for another room so I'll work it into that.

    I'm very much like you about prevention and so just want it all to be right for both me and the other podiatrist.

    I wasn't sure about how much I could say to them about what I would want them to do within my practice, with them being a fellow professional, so as you say as long as it is in the contract from the start it should be fine.

    Thanks for all your help.

    Jenni
     
  10. RobinP

    RobinP Well-Known Member

    As Catfoot said, being self employed and working within your practice under a contract is quite different to having a partner with a partnership agreement.

    Someone kindly gave me their associate contract(many thanks to them) which i tailored to my own practice as our set up was slightly different. This made it considerably less work for the solicitor when it came to the work required/cost.

    I'd be happy to dig out one of my contracts if you wanted it - PM me an e mail address. Although I would say that my practice is not exactly typical so it may not be that suitable. Other people on here may be willing to do the same?

    Regards,

    Robin
     
    Last edited: Mar 12, 2011
  11. tundygap

    tundygap Member

    Hi Jenny18. I am interested to find out more about your practice with the aim of joining you. Is this something you are still considering? If so could I get more details? Thanks.
     
  12. shimmer

    shimmer Active Member

    I work for a private practice and I am paid by the hour. I have 2 set days but if the practice is busy I will work more. It is quite flexible. This works better for the practice owner as you are only paying for work done. Also in the next couple of months there are 3 bank holiday Mondays, Good Friday and the Royal wedding which I wont be paid for. I provide my own overalls but nothing else. I don't think it would work for everyone but it certainly works for us. I work on a self-employed contact basis.
     
  13. jimmymc50

    jimmymc50 Welcome New Poster

    Hi.
    I'm looking to take on an associate and worried about the legal mindfield on whether they're classed as Self Employed or an Employee.
    Does anyone have an Associates Written Agreement template which I can take a look at please?
    Many thanks,
    Jim.
     
  14. Catfoot

    Catfoot Well-Known Member

    The Society of Chiropodists & Podiatrists has one, I believe,
     
  15. jimmymc50

    jimmymc50 Welcome New Poster

    Thanks Catfoot.
    I've had a look on the website but can't seem to locate it.
    I don't suppose you'd have the URL?
    Thanks,
    Jim.
     
  16. Sazmad2

    Sazmad2 Welcome New Poster


    Jim,

    Did you ever find an associate written agreement by any chance? Sorry just linked into this post and I’m in the same dilemma.

    Thanks,

    Sarah
     
  17. sandancer67

    sandancer67 Welcome New Poster

     
  18. sandancer67

    sandancer67 Welcome New Poster

    I have been in touch with the college and they can not suppy a copy of a fee sharing contract due to a current legal battle as to whether the contract makes someone an employee or self-employed.
    I'm also trying to find a template fee sharing contract and am having great difficulty in finding one.
    If you have any luck can you let me know. Please.
     
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