Employer of Record · Decision guide
Do I need an Employer of Record to hire in the UK?
No, not unless you want another business to be the legal employer. If you are content to be the employer yourself, you can employ someone in the UK without a UK company and have the payroll run for you.
Onshore Partners is not an Employer of Record. We run UK payroll for overseas employers, through an HMRC direct scheme or the employer's own UK PAYE, while you stay the employer.
Short answer: You only need an Employer of Record if you want another business to be the legal employer. A company with no UK presence doesn't have to run UK PAYE, but it can choose to run it in its own name, and HMRC's direct schemes are the other route.
If you stay the employer
The routes that need no UK company
Employers based in the EU, the EEA or Switzerland
When someone works in the UK for an employer based in the EU and UK National Insurance is due, it is due on both sides, the employee's and the employer's, so the scheme is an NI-only scheme in the employer's name and not a DPNI or DCNI. Someone working in the UK for an employer in the EU usually pays UK National Insurance, unless they have a certificate of coverage (an A1) from that country.
Switzerland, Norway, Iceland and Liechtenstein each have their own social security agreement with the UK. Having no UK office or place of business doesn't on its own remove UK employer's National Insurance, because where a social security agreement applies, it treats the employer as if it were based in the UK.
Employers based anywhere else
The employee sets up a DPNI and pays both their income tax and their employee National Insurance to HMRC under one PAYE reference. HMRC's DPNI guidance includes employees of an overseas employer that has no UK address it pays wages from.
Any employer with no UK presence
A company with no UK presence doesn't have to run UK PAYE, but it can choose to run it in its own name.
One exception to all of this: if your employee will work for a UK business, such as your UK client, that business may have to run PAYE on their pay. We will ask HMRC for the scheme that fits your facts, and they may suggest a different one once they have the full facts.
Common questions
Do I need an EOR: common questions
Do I need an Employer of Record to hire in the UK?
No, not unless you want another business to be the legal employer. If you are content to be the employer yourself, you can employ someone in the UK without a UK company and have the payroll run for you.
Do I need a UK company to employ someone in the UK?
No. A company with no UK presence doesn't have to run UK PAYE, but it can choose to run it in its own name. HMRC's direct schemes are the other route: a DPNI, set up in the employee's name, or an NI-only scheme in the employer's name where the employer is based in the EU, the EEA or Switzerland. We will ask HMRC for the scheme that fits your facts, and they may suggest a different one once they have the full facts.
How long does the direct route take to set up?
We'd allow four to eight weeks for HMRC to set the scheme up, and that's our own estimate, not a figure from HMRC. If pay starts before the scheme is in place, payroll still runs every payday and is reported to HMRC late once the scheme exists.
When is an Employer of Record the right choice?
When you would rather another business were the employer, when you are hiring in several countries and want one supplier, or when the role is a short trial and you would rather not register anything with HMRC yourself.