This is the blog of Nigel Holdcroft, Head of the Litigation & Dispute Management Department at Tolhurst Fisher LLP.
Tuesday, 17 January 2012
To be or not to be an employee - that is the question!
I am regularly approached by clients who want to know who actually constitutes an “employee” and who is, for example, a self-employed contractor. A word of warning: just because an individual pays their own tax/national insurance does not automatically mean they are self-employed. The message is to be aware and have in place proper contractual documentation governing your relationship (whatever that may be). A Employment Tribunal will look at what the true arrangement was between the parties and written evidence will certainly assist. The cost of getting it wrong can be substantial.
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