ECH11065 - Status: Culpability

Where an employer accepts that employment is appropriate, or a status dispute is resolved in favour of employment, the ECO must

  • question the employer to fully establish the employer's reason for treating the worker as self-employed. ( ECH7250)

Where the ECO is satisfied that there is no real case for treating the workers as self-employed they should

  • form an opinion on culpability ( ECH22020), and

where the amounts underpaid are considered culpable

  • consider penalties in the normal manner