ESM1000 - Detailed guide to determining status: overview table of contents

This part of the manual contains detailed guidance and the technical background to status work. It is aimed mainly at Status Inspectors, Technical Support Managers and others within the Status and Construction Industry Team in an Employer Compliance Unit.

The guidance at ESM0501 to ESM0505 deals with the importance of fact finding and the need to have an understanding of the engager’s business, the nature of the worker’s job and the terms of the engagement. What will be considered here in more detail are the importance of contracts, the ‘in business on own account’ test and the relevant factors, or indicia, associated with that test.

The guidance included in this part is as shown in the following table of contents.

ESM1001Introduction
ESM1002The approach to be adopted
ESM1003 (to 1010)Contracts
ESM1011‘In business on own account’ test
ESM1012Relevant factors
ESM1013 (to 1029)Control
ESM1031Financial risk
ESM1035Opportunity to profit from sound management
ESM1041Basis of payment
ESM1045Sick pay, pensions etc
ESM1046Paid leave
ESM1047National Minimum Wage
ESM1051 (to 1060)Personal service/substitution
ESM1061 (to 1062)Provision of equipment
ESM1071Mutuality of obligation
ESM1072Continuous contracts or individual engagements?
ESM1073Continuous contracts of service
ESM1074Individual engagements
ESM1075Length of engagement
ESM1081Part and parcel of the organisation
ESM1085Right to terminate a contract
ESM1091 (to 1094)Personal factors
ESM1095Regular working for one engager
ESM1096Consultants and other professionals
ESM1101Intention of parties
ESM1105Exclusive services
ESM1110Contracts of training and apprenticeship - general
ESM1111Contracts of training and apprenticeship - contracts of apprenticeship - statute law
ESM1112Contracts of training and apprenticeship - contracts of apprenticeship - common law
ESM1113Contracts of training and apprenticeship - contracts of training
ESM1114Contracts of training and apprenticeship - flowchart
ESM1115Contracts of training and apprenticeship - tax and NICs consequences


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