ECH10145 - Employer Support Team - Customer Service - Status - Enquiry from the Worker
Enquiry from the Worker
If the enquiry results from contact by the worker the process
outlined in the
Worker flowchart should be followed.
An opinion given to a worker will only be binding on the
engager where both parties share a common understanding of the
working terms and conditions. In other cases a view will be issued
to the worker.
Where a worker asks for an opinion but there is insufficient
information for ESI to provide one the worker should be given
details of the additional information which will need to be
provided before an opinion/view can be given. The worker should
also be advised that it may be necessary for him to obtain
additional information from the engager. Notify the worker of the
ESI Reference Number, where appropriate, and advise them how to
- self serve using the internet;
- post the information to the status officer; or
- contact the ESO with the information required.
Explain that it will not be necessary for them to visit the HMRC
office and that where full information is submitted to the ESO a
written confirmation will be sent setting out the status opinion.
Where only the worker has provided the information the worker
can only be provided with a ‘view’. However where
sufficient information has also been provided by the engager an
opinion can be issued to the worker and engager.
Where exceptionally ESI is not available and a full opinion
needs to be given the opinion letter must be signed by the Status
Inspector.
A Customer Service enquiry relies upon the co-operation of
the worker. If this co-operation ceases at any stage the enquiry
should not be pursued.
In cases where the worker advises that the engager has
declined to provide him with information the worker should be
advised that the facts will be passed to RIS for consideration but
that no further action can be taken at this stage.
