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.
| ESM1001 | Introduction |
| ESM1002 | The approach to be adopted |
| ESM1003 (to 1010) | Contracts |
| ESM1011 | ‘In business on own account’ test |
| ESM1012 | Relevant factors |
| ESM1013 (to 1029) | Control |
| ESM1031 | Financial risk |
| ESM1035 | Opportunity to profit from sound management |
| ESM1041 | Basis of payment |
| ESM1045 | Sick pay, pensions etc |
| ESM1046 | Paid leave |
| ESM1047 | National Minimum Wage |
| ESM1051 (to 1060) | Personal service/substitution |
| ESM1061 (to 1062) | Provision of equipment |
| ESM1071 | Mutuality of obligation |
| ESM1072 | Continuous contracts or individual engagements? |
| ESM1073 | Continuous contracts of service |
| ESM1074 | Individual engagements |
| ESM1075 | Length of engagement |
| ESM1081 | Part and parcel of the organisation |
| ESM1085 | Right to terminate a contract |
| ESM1091 (to 1094) | Personal factors |
| ESM1095 | Regular working for one engager |
| ESM1096 | Consultants and other professionals |
| ESM1101 | Intention of parties |
| ESM1105 | Exclusive services |
| ESM1110 | Contracts of training and apprenticeship - general |
| ESM1111 | Contracts of training and apprenticeship - contracts of apprenticeship - statute law |
| ESM1112 | Contracts of training and apprenticeship - contracts of apprenticeship - common law |
| ESM1113 | Contracts of training and apprenticeship - contracts of training |
| ESM1114 | Contracts of training and apprenticeship - flowchart |
| ESM1115 | Contracts of training and apprenticeship - tax and NICs consequences |
