ESM0500 - Guide to determining status: overview - table of contents
This part of the manual is aimed at compliance staff and others who require knowledge of how to determine the status of a worker.
The guidance included in this part is listed in the following table of contents.
Importance of fact finding |
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Fact finding techniques |
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Engager’s business |
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Nature of the job |
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Engagement of the worker |
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Contracts |
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Importance of a written contract |
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Oral contract |
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Contracts - are the terms genuine? |
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Contracts - getting the true terms |
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Contracts - what are the differences? |
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Establishing the reasons for differences |
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How do you know if there is a contract of service? |
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In business on own account test |
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Relevant factors |
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Control - overview |
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Relative importance of control |
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Right of control |
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Control - what, where, when and how |
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Control over what the worker does |
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Control over what is done - examples |
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Control over where the work is done |
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Control over where the work is done - examples |
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Control over when the work is done |
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Control over when the work is done - examples |
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Control over how the work is done |
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Control over how the work is done - examples |
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Control over experts |
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Control exercisable by various means |
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Personal Service |
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The requirement for personal service |
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An obligation to provide a substitute |
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Right of substitution |
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The obligation/right to send a substitute must be genuine |
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Is the right of substitution genuine? |
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The weight to be given to a genuine right of substitution |
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Disproving a right of substitution |
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Ignoring a claimed right of substitution |
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Engaging Helpers |
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Provision of Equipment |
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Financial Risk |
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Basis of Payment |
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Mutuality of Obligation |
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Sick pay, pension etc |
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Part and Parcel of the Organisation |
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Right to terminate a contract |
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Opportunity to profit from sound management |
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Length of Engagement |
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Personal Factors |
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Personal Factors (Lorimer case) |
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Personal Factors (effect of Lorimer on short-term engagements) |
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Personal Factors (effect of Lorimer on relatively long-term part-time engagements |
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Regularly working for one engager |
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Intention of the parties |
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Exclusive services |
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Picture painting |
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What to do in disputed cases? |
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Fact finding/Evidence gathering |
