Employment status - the tests checklist

Filed Under: Recruitment & Contracts - Checklists | Published on: Tuesday, 07 February 2012 10:10 AM
The following factors indicate that an individual may either be employed or self-employed. However, it should be noted that HM Revenue & Customs, the courts and tribunals will look at all aspects of the arrangement and no one test will be conclusive in determining employment status.

Factors indicating employment:

Mutual Obligation 
  • The Company has a duty to provide the individual with regular work
  • The individual is obliged to make himself available to do the work 
Substitution 
  • The individual is obliged to provide his own work and skill
  • The individual may either have no power or only a very limited or occasional power of delegation (for example, where the individual is unavailable) 
SEARCH TERMS: HR, HR RESOURCES, EMPLOYMENT, EMPLOYER, EMPLOYEE, CONTRACTS, CONTRACTOR, WORKER, EMPLOYMENT STATUS, SELF EMPLOYED
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