The length of engagement is neutral in determining the
employment status. However, in general, the longer the engagement
the more likely that it will be a contract of service and the
shorter the engagement the less likely. This is not down to the
length of the contract itself, but because the other factors are
more likely to indicate this to be the case.
For example, the longer the engagement the more likely that
the engager will want to, or need to, exert significant amounts of
control over the worker, a significant pointer towards a contract
of service. In an engagement lasting for several months the engager
may want a right of control because of a need to move the worker
between tasks. Additionally, the worker may become integrated into
the engager’s organisation in a manner that is indicative of
employment. The approach to the work may also be less business-like
and the personal factors are likely to be less significant.
Conversely these factors are less likely to be present in a
short-term engagement. There may be less control exercisable by the
engager particularly if the worker is taken on to undertake a
specific task. It is less likely that the worker will become
integrated into the business. Personal factors may be more
significant and there may be a more business-like approach.
However, it is always necessary to consider the employment
status factors in every case and then paint the whole picture. The
principles set out above apply to casual, temporary, part-time or
short-term workers as well as to those working on a full- time
basis. The result could be employment, self-employment or a
combination of both.
Where there are a number of separate short engagements with
different engagers, then this could point to self-employment but
the length of engagement alone is not sufficient to determine
self-employment. Where work is offered and accepted occasionally
and irregularly there is unlikely to be a continuous (or
‘umbrella’) contract of employment. Instead, each
engagement may itself represent a contract of services or a
contract for services.
