ECH11010 - Status: Fact Finding

ECOs should be aware of the guidance in the Employment Status Manual (ESM) at ESM0501 onwards. In addition leaflets IR56 and IR148 provide further useful information. ECH11005 explains the background to determining status.

Status should always be addressed at the earliest possible stage in the review.

Where the engager claims a worker is self-employed and there is doubt about the claim the ECO should

• question the engager to establish the facts of the engagement in accordance with ESM0525
• examine any contracts or other documentation held by the engager
• question the worker(s) ( ECH11015) to establish the facts of the engagement in accordance with ESM0525
• examine any contracts or other documentation held by the worker(s)

The ECO must not ask the engager or the worker questions about each other that they cannot be expected to know.

Where more than one worker is involved see ECH11020.

Where the engager states that the subject has previously been resolved see ECH11025.

Where the ECO encounters delays or objections in trying to obtain the facts they should

• refer the case to the SI to consider the use of S20 powers (EM2200, ECH11030)