Little Shop of HRs™
Employment Status Checklist
To determine status you must consider whether an individual is engaged under a "contract of service", or a "contract for services". The first one will evidence an employment relationship the last one self-employment.
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Contract terms may be expressed in writing, however unwritten or implied variations also affect the actual relationship between the person engaging the individual.
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The courts and HM Revenue & Customs (HMRC) consider a series of different factors to determine employment status. In each case it is necessary to weigh up their importance before considering the fuller picture.
This checklist provides a quick guide to the key employment indicators that may be used to denote whether an individual is employed or not. Click picture below.
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Employment Status Checklist
Take note - For tax purposes - In March 2017 HMRC published a new online employment status tool. This can be used by workers, agencies and engagers to see whether a worker is employed or not.
Photo Courtesy of Alamy
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What is meant by Proportionate Means?
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This is to consider whether the means you have chosen to achieve an aim is ‘proportionate'. The aim or the reason behind the discrimination must be fairly balanced against the disadvantage you’ve imposed because of the discrimination. This means it must be appropriate and necessary.
So, if there are better and less discriminatory ways of doing things, it will be more difficult to justify discrimination in a tribunal.
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All data and information provided is for informational purposes only. Catherine Kane Associates makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis.
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