Employment status check

What’s their employment status?
You’ve got a new starter joining your business but you’re not quite sure what contract they’ll need.
Or a working relationship with an employee has evolved over time, and you’re no longer quite sure if you have the right contract for them.
Are they an employee, a worker or self-employed?
Our simple, two-minute questionnaire will ask you about some key elements of this working relationship and give you a steer on what type of contract may be most appropriate.

Let’s imagine the person working for you is called Fred.
In the following scenarios, choose the options that best match your working arrangement with Fred.

Question 1*
While Fred’s working for you, do you have much control over how he goes about completing the work assigned?
- Yes: Fred is expected to work in line with our business processes and we have a say over how he goes about completing the work.
- No: He’s able to decide how and when he works (as long as the work is completed within an agreed timeline). He’s his own boss and isn’t under direct supervision.

Question 2*
And what about payment, how do you pay Fred?
- He’s paid an agreed salary, or an hourly rate, and receives this payment on a pre-agreed frequency, e.g. monthly or weekly.
- He’s paid an hourly rate for the work he does, which is likely to fluctuate depending on work available. Some weeks he may not receive any payment.
- Fred is paid to carry out a specific job or service for us, we agree a day rate / project cost and estimated time-lines in advance and he invoices us for payment.

Question 3*
Does Fred have to do the work personally or could he get someone else to do the job instead?
- Fred is the person we’ve employed and we expect him to carry out the work – he couldn’t send someone else in to do the job.
- Fred’s services are what matter most to us. As long as those services are provided and the work is completed to the agreed specifications, Fred could sub-contract someone else to help him complete the work.

Question 4*
Let’s say Monday is typically the busiest day of the week for you, does Fred always have to work then?
- Yes: It was formally agreed when Fred started working for us that he’s expected to work a set pattern. He'd have to book holiday in order to not work a Monday.
- No: Fred works for us on a flexible basis so his hours can fluctuate, but he is expected to be available to work a minimum number of hours for us each week.
- No: He would be entitled to decline the offer of a Monday shift.

Question 5*
January’s your quietest month and there’s less work available. Will Fred still be expecting you to provide a minimum number of hours’ work?
- Yes: He’s expecting me to provide the number of hours he committed to working. I would still have to pay him for these hours even if there wasn’t much for him to do. I couldn’t just cancel his shifts at short notice.
- No: He’s aware that the number of hours offered him will fluctuate depending on work available and that some weeks there may not be any work offered.

Question 6*
Finally, are you trying to find out:
- My own employment status
- The status of someone working for me

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Employee, worker or self-employed?