Sole trader renting space in another business

Smidgeon

Before going down the legal advice route, I was just interested to see what Boardsies thought.

My boyfriend is registered as a sole trader. He operates from a number of different premises' throughout the course of his week and pays the owners an hourly rent. Everything is above board in that respect.

However, in one premises, the owner has him (and the other sole-traders also renting space) operating under the banner of his company name; tshirts, business cards etc, and expecting them to do marketing, "team" photos etc as promotional material for a company in which they have no benefit or stake in.

It was recently suggested that it was odd that my boyfriend and the others are wearing these uniforms bearing another companies name and paying the owner for the privilege.

Aside from the obvious fact that they are being taken advantage of, apparently there are tax implications for the company if sole-traders operating from there are bearing the company name. Anything I have found so far has suggested that it is illegal to do so as these people are, effectively, operating as employees (doing chores, being ordered around and given instructions on how to conduct their own businesses when within the space they are paying for-none of which was outlined in their rental agreements) and so, the owner should technically be paying employer contribution PRSI for them all as well as giving them a salaried income.

Apologies if this is a ramble or if the terminology is off - business isn't my first language! - but, my boyfriend would obviously like everything to be above board and not to be taken advantage of/treated like an employee when he is actually his own boss.

Any insight into whether (a) the company owner is in the wrong to be profiting from a "team" image when they are all sole-traders and (b) the sole-traders should seek legal advice on how to proceed would be much appreciated.

CelticRambler

If your boyfriend is registered as a sole trader, he can provide his services to another company in any agreed form. What you have described is the way most Ryanair pilots work - they are self-employed but wear the RA uniform and follow RA company policy. Your boyfriend is arguably in a better legal position than the RA staff because he clearly does have other regular work not connected to the "uniform" owner.

Whether or not he's being taken advantage of is another question.

Gloomtastic!

Please don't waste your money on legal advice over this matter. It's really not that bad.