Checklists

Checklist: How to assess whether someone is an employee

1. Is there mutuality (i.e. is the individual obliged to do work/is the organisation obliged to provide work?)

2. How much control does the individual have over how s/he carries out their work?

3. What working relationship did the parties intend to create?

4. How integrated is the individual in the organisation?

5. How is the individual paid?

6. Are PAYE/National Insurance contributions deducted at source from the individual’s income?

7. Does the individual charge VAT on the fees for services provided?

8. Is the individual entitled to benefits?

9. Can the individual be disciplined by the employer?

10. Can the individual be dismissed?

11. How permanent is the relationship between the parties?

12. Does the individual work for long periods for one contractor?

13. Does the individual work for a number of other employers?

14. Is the individual allowed to work for rivals?

15. Does the individual have to correct sub-standard work in his or her own time/at his or her own cost?

16. Does the individual own their own tools?

17. Can the individual substitute themselves with someone else (i.e. replace themselves with someone else who will do the agreed work)?

18. Does the individual hire his or her own helpers?

19. Is the individual responsible for investment and management decisions?

20. What financial risk, if any, does the individual bear?

Checklist: How to assess whether terms have been incorporated by custom and practice

1. Was the term/policy drawn to the employees’ attention and was it well-known?

2. Was the term/policy followed for a substantial period of time?

3. Was the term/policy followed on a number of occasions?

4. Were payments due under this term/policy made more or less automatically?

5. Does the term/policy as communicated to staff indicate that management intended to be bound by it?

6. Was the term/policy adopted by agreement with workplace representatives?

7 Were the specifics of the term/policy incorporated into a written agreement?

8. Do the employees have a reasonable expectation that the term/policy will be applied?