Is a worker an Employee or Self-Employed ?

The difference between being an employee or self-employed will affect that person's employment rights. In deciding this question the law says that the following has to be looked at:

a) Does the employer control what work is done ?

b) Does the employer control where, when and how the work is done ?

c) Does the employer provide holiday and sickness pay ?

d) Is the employer taking the financial risk ?

e) Is the employer responsible for paying Tax & National Insurance Contributions ?

If the answers to the above are yes then that person is likely to be employed, rather than self-employed, no matter what the employment contract says.

What information must an Employer give to an Employee when they start ?

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