ECH11015 - Status: Questioning the Worker

Facts should normally be obtained from the engager and the worker. If the ECO thinks it is inappropriate to question the worker they should

• consult the SI

The ECO can only question the worker on the engager's premises if the engager consents to it. Alternatively the worker can be interviewed off site with the workers agreement.

The employment status of a worker may have an impact on their SA return. The ECO should

• make it clear that the purpose of the questioning is not to enquire into any SA return they have made
• explain that the questions are being asked to ascertain the correct status in checking whether the employer has correctly operated PAYE and NIC
• ensure that full notes of meeting are kept including a record to show that the purpose of the questioning was made clear ECH7265.