Table of contents
Table of contents
Subcontractors are common in self-employed circles, but if you work in construction or trades in the UK, you’ve probably heard terms like bona fide subcontractor, labour-only, and CIS.
These terms are often misunderstood and getting them wrong can lead to tax issues, penalties, or even employment disputes.
With just under 750,000 self employed workers in the construction industry (Dec 2025), data shows a sizeable segment of the sector that needs to know what’s what.
There are different types of sub-contractors and where you stand or what you should classify yourself as is not always clear.
This guide breaks, simply, whether you’re:
- Hiring subcontractors for your business, or
- Looking to work as a subcontractor yourself.
You’ll find what you need to know, in simple terms.
What is a subcontractor? (UK)
A subcontractor is someone hired by a contractor to carry out part of a project, usually in construction or trades.
They are typically self-employed but not always treated the same way for tax or legal purposes.
In the UK, subcontractor rules are heavily influenced by HM Revenue & Customs and the Construction Industry Scheme (CIS).
If you’re unsure how CIS works, start here:
HMRC CIS overview: https://www.gov.uk/what-is-the-construction-industry-scheme
You can also find out about the differences between contractor vs subcontractor, in this blog.
What is a Bona Fide Subcontractor?
A bona fide subcontractor is a genuinely self-employed business, working independently.
Key signs you’re Bona Fide
- You quote for jobs (not just accept a rate)
- You can refuse work
- You supply tools/materials
- You fix mistakes at your own cost
- You can send someone else to do the job
Why it matters
This classification affects:
- Tax (CIS deductions vs gross payment)
- Legal liability
- Insurance responsibilities
HMRC uses employment status tests, you can check your status here:
https://www.gov.uk/guidance/check-employment-status-for-tax
What are Labour-Only Subcontractors?
Labour-only subcontractors are technically self-employed, but function much closer to employees.
Typical Traits
- Paid hourly or daily
- Told where and when to work
- Use company tools
- Don’t take financial risk
The Risk
If someone is incorrectly treated as self-employed when they’re effectively an employee, HMRC may class this as false self-employment.
That can lead to:
- Backdated tax
- National Insurance liabilities
- Penalties
Bona Fide vs Labour-Only: Key differences
| Feature | Bona Fide Subcontractor | Labour-Only Subcontractor |
| Control of work | Full control | Directed by contractor |
| Tools & materials | Own | Provided by contractor |
| Financial risk | Yes | No |
| Payment | Per job/project | Hourly/daily |
| Tax treatment | Can be gross or net CIS | Usually, CIS deductions |
| Independence | High | Low |
Types of subcontractors in the UK
There are various differences between subcontractors and understanding the different types is critical, especially when it comes to tax, insurance, and responsibility.
Bona Fide Subcontractors
As discussed, these are genuine independent businesses.
They:
- Decide how and when work is done
- Provide their own tools and materials
- Take on financial risk
- Can hire other workers
Think of them as running their own company, even if they’re a sole trader.
Labour-Only Subcontractors
These workers:
- Provide labour only (no materials)
- Use the contractor’s tools and equipment
- Work under supervision
In many cases, they look very similar to employees — which is where problems can arise.
Specialist Subcontractors
These are skilled trades like:
- Electricians
- Scaffolders
- HVAC engineers
They’re usually bona fide subcontractors because they bring expertise and operate independently.
Domestic vs Commercial Subcontractors
Domestic: hired by homeowners (CIS usually doesn’t apply)
Commercial: hired by contractors or developers (CIS usually applies)
Why hire subcontractors?
For businesses
Hiring subcontractors allows you to:
- Scale your workforce up or down quickly to match project demand
- Bring in specialist skills for specific jobs or phases
- Avoid long-term employment costs like pensions, holiday pay, and payroll admin
- Keep your focus on core operations while work gets done
For contractors (main contractors)
Using subcontractors can help you:
- Deliver projects on time by filling labour or skills gaps
- Stay flexible when workloads change or deadlines shift
- Take on larger or more complex jobs without overcommitting your core team
- Manage risk by spreading work across trusted specialists
For subcontractors
Working as a subcontractor offers:
- Flexibility and independence in choosing who you work with
- Potential for higher earnings compared to employed roles
- Greater control over your schedule and workload
- The chance to build experience, reputation, and grow your own business
Requirements for hiring subcontractors
If you’re hiring subcontractors, there are a few key steps NOT to skip:
Verifying employment status
You need to determine whether they are:
- Bona fide subcontractor
- Labour-only
- Or actually an employee
Use HMRC’s tool:
https://www.gov.uk/guidance/check-employment-status-for-tax
Register for CIS
If you’re in construction, you must register with HMRC under CIS.
Check right to work
You’re legally required to confirm the person can work in the UK.
Use written agreements
Always have a contract that covers:
- Scope of work
- Payment terms
- Responsibilities
Check insurance
Make sure subcontractors have appropriate cover (more on that below).
Employer hiring obligations
Even though subcontractors aren’t employees, you still have responsibilities:
CIS responsibilities
- Deduct tax (20% or 30% if not registered)
- Submit monthly returns to HMRC
- Provide payment statements
More info: https://www.gov.uk/deduction-rates
Health & Safety
You are still responsible for site safety under UK law.
Insurance requirements
Bona Fide Subcontractors
Typically responsible for their own:
- Public liability insurance
- Employers’ liability (if they hire others)
- Professional indemnity (if applicable)
Labour-Only Subcontractors
Usually covered under the contractors:
- Public liability insurance
- Employers’ liability insurance
Always confirm this, don’t assume.
How working relationships differ
The biggest differences come down to:
Control
Bona fide: decides how work is done
Labour-only: follows instructions
Risk
Bona fide: carries financial risk
Labour-only: does not
Responsibility
Bona fide: responsible for outcomes
Labour-only: responsible for effort/time
How to become a subcontractor
If you’re starting out:
Register asself-employed
Do this with HM Revenue & Customs.
Apply for CIS
You’ll need this to get paid correctly.
Setup the basics
- Business bank account
- Accounting system
- Insurance
Build work
- Network with contractors
- Use platforms like Checkatrade or MyBuilder
- Build a reputation
Common mistakes to avoid
- Treating workers as self-employed when they’re not
- Not registering for CIS
- Skipping contracts
- Ignoring insurance requirements
- Poor record keeping
FAQs
What is a bona fide subcontractor?
A genuinely self-employed individual or business that operates independently and takes on financial risk.
Are subcontractors self-employed in the UK?
Usually, but not always, it depends on how they work in practice.
Do subcontractors need insurance?
Yes, especially bona fide subcontractors.
What is CIS?
A tax scheme for construction work that requires contractors to deduct tax from subcontractor payments.
Can a subcontractor be treated like an employee?
No, if they are treated like an employee, they may legally be one.
Final thoughts
Understanding the difference between bona fide and labour-only subcontractors isn’t just admin, it affects your tax, liability and compliance.
If you’re hiring, get classification right from the start.
If you’re subcontracting, make sure your setup reflects genuine self-employment.
Get Tradesman Insurance from Protectivity
Sources
HMRC CIS guide: https://www.gov.uk/what-is-the-construction-industry-scheme
Employment status checker: https://www.gov.uk/guidance/check-employment-status-for-tax
Health & Safety Executive: https://www.hse.gov.uk
*Disclaimer – This blog has been created as general information and should not be taken as advice. Make sure you have the correct level of insurance for your requirements and always review policy documentation. Information is factually accurate at the time of publishing but may have become out of date.
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