ESM0557 - Guide to determining status: what to do in disputed cases

Where, in the course of compliance or investigation work of any kind, the status of a worker or group of workers is unclear, it is the task of the officer reviewing the case to establish the evidence, determine the facts and form an informal opinion of the status of the worker or workers. Where an informal or Employment Status Indicator (ESI) opinion is disputed, you should liaise with the Status Inspector/Status Team for your office to seek advice. Do not try to resolve the dispute yourself.

The Status Inspector may require further information but ultimately he or she will be responsible for giving the final opinion and for deciding whether to take formal proceedings.