ESM Update Index - Recent changes to this Manual

Below are details of the amendments that were published on 21/03/2002

ESM0001 - Introduction

ESM0100 - Procedural aspects of status work

ESM0500 - Basic guide to determining status

ESM1000 - Detailed guide to determining status

ESM2000 - Agency workers

ESM3000 - Service companies and other intermediaries

ESM4000 - Particular occupations

SectionTitle and details of the update
click here to return to topESM0001 - Introduction
ESM0004
Agency workers - minor amendment to text
click here to return to topESM0100 - Procedural aspects of status work
ESM0102
Deletion of reference to Technical Support Manager
ESM0103
Deletion of reference to Technical Support Manager
ESM0106
Minor alteration to text
ESM0108
Minor alteration to text
ESM0118
Minor alteration to text
ESM0119
Minor alteration to text
ESM0120
Deletion of reference to Technical Support Manager
ESM0123
Minor alteration to text
ESM0125
Change of office name
ESM0130
Deletion of reference to Technical Support Manager
click here to return to topESM0500 - Basic guide to determining status
ESM0500
Table of contents - addition to text and changes to ESM0519 and ESM0520
ESM0511
Provision of equipment – amendments to text to improve clarity and emphasis
ESM0514Mutuality of obligation - deletion of reference to Technical Support Manager
ESM0519Personal factors - swapped with ESM520 and text rewritten
ESM0520Length of engagement - swapped with ESM519 and minor amendment to text
ESM0523What to do in disputed cases - change in reference in first paragraph and final paragraph deleted as new Employer Compliance Handbook released.
ESM0525Fact finding notes –addition of text in line 2 and removal of statement concerning mutuality of obligation
click here to return to topESM1000 - Detailed guide to determining status
ESM1000Table of contents - new sections at ESM1075 and ESM1095. Old ESM1095 moved to ESM1096
ESM1001Introduction - deletion of reference to Technical Support Manager
ESM1004Importance of a written contract - hyperlink added
ESM1006Contracts - deletion of reference to Technical Support Manager
ESM1009Contracts – establishing the reasons for differences – amendments to example 3 in order to clarify status of worker not known
ESM1010How do you know if there is a contract of employment? - hyperlinks added
ESM1011'In business on own account' test - hyperlinks added
ESM1012Relevant factors - hyperlinks added
ESM1014Relevant importance of control - hyperlinks added
ESM1016Control - what, where, when and how - hyperlink added
ESM1021Control over when the work is done - hyperlink added
ESM1023Control over how work is done - change to hyperlink
ESM1024Control over experts - hyperlinks added
ESM1031Financial risk – amendment to text regarding financial risk in respect of training costs to reflect the position set out in Tax Bulletin
ESM1041Basis of payment – amendments to text to improve clarity and emphasis
ESM1051The requirement for personal service - hyperlink added
ESM1052Substitution - hyperlink changed
ESM1054The right to reject a substitute - hyperlink added
ESM1055Is the right of substitution genuine? - hyperlink added
ESM1061Provision of equipment - amendments to text
ESM1062Equipment fundamental to contract – amendments to text to improve clarity and hyperlinks added
ESM1071Mutuality of obligation – amendments to text to improve clarity and emphasis
ESM1072Continuous contract of service or single engagement? - hyperlinks added
ESM1073Continuous contracts of service - hyperlinks added and amendment to text in final paragraph
ESM1074Individual engagements – significant amendments to text to improve clarity
ESM1075Length of engagement - new section
ESM1081Part and parcel of the organisation - hyperlinks added
ESM1085Right of dismissal - hyperlink added
ESM1091Personal factors - hyperlinks added
ESM1092Personal factors - amendments to emphasis in text, third paragraph moved from ESM1094 and final paragraph moved to ESM1094
ESM1094Personal factors - second paragraph moved to ESM1092 and final paragraph moved from ESM1094
ESM1095New section entitled ‘Regular working for one engager’. Old section renumbered ESM1096
ESM1096Consultants and other professionals - renumbered section, previously ESM1095
ESM1101Intention of the parties - hyperlink added
click here to return to topESM2000 - Agency workers
ESM2002The nature of an agency contract - hyperlink added
ESM2005
Right of supervision etc as to the manner in which services are rendered – correction of hyperlink from ESM1022 to ESM1023 for guidance on control over the manner in which a job is done
ESM2008
Clarification that entertainers have been excluded from Agency provisions of SS(Categorisation) Regs 1978 since 17 July 1998
ESM2012Agency workers – amendment to statutory reference
ESM2020Agency workers – amendment to heading
ESM2021Agency workers – correction of hyperlinks to ESM4020 for Computer workers and ESM4025 for Demonstrators
click here to return to topESM3000 - Service companies and other intermediaries
ESM3015Definitions – the definition of ‘client’ has been amended to match that in the internet version of the manual
ESM3105Conditions of liability – correction to legislative reference
ESM3107Example where worker does not have material interest – amendment to text to clarify that company has no other income from supplying Mr D’s services
ESM3132Overseas issues – correction of typo
ESM3133Overseas issues – deletion of reference to superseded legislation
ESM3162Deemed payment calculation – deletion of reference to amounts met by worker and reimbursed by intermediary
ESM3181Calculation of deemed payment – updating of legislative reference
ESM3182Accounting for the deemed payment – amendment of procedures
ESM3183Accounting for deemed payment – updating of reference to CWG2 2001
ESM3210Application of the Schedule E and NICs rules – updating of reference to National Insurance Manual(NIM)
ESM3260Particular issues – minor amendment to text
ESM3263Particular issues – deletion of reference to superseded legislation
ESM3272Particular issues – additional text to clarify what dividends can be relieved
ESM3273Particular issues – amendment to procedures for handling dividend claims
ESM3285Opinions on contracts – minor textual amendment and additional reference to Carmichael case
ESM3296Opinions on contracts - change to Personal Tax (Technical)
ESM3299Model letter – engagement covered by legislation – final paragraph moved to start for emphasis. Text of draft letter modified
ESM3300Model letter – engagement not covered by legislation – final paragraph moved to start for emphasis. Text of draft letter modified
click here to return to topESM4000 - Particular occupations
ESM4018Cleaners – Clarification of persons to whom the legislation applies
ESM4050Divers and diving supervisors – correction of cross reference to SE67120
ESM4100Entertainers - changes to content headings
ESM4101Entertainers - changes to network office name
ESM4110Entertainers - changes to network office name
ESM4114Entertainers - changes to network office name
ESM4145Entertainers - NICs treatment - additional text
ESM4151Examiners - minor additions to text
ESM4170Guardians Ad Litem and Reporting Officers – Revised guidance
ESM4240Nominee Directors – Updating of reference to SS(Contributions) Regs 2001
ESM4323 Subcontractors in the Construction Industry – correction of reference to Personal Tax (Technical)
ESM4324 Subcontractors in the Construction Industry – amendments to text to clarify
ESM4325 Subcontractors in the Construction Industry – short term engagements – removal of reference to substitution
ESM4326 Subcontractors in the Construction Industry – correction of reference to Personal Tax (Technical)
ESM4400 Subpostmasters - amendment to operational guidance
ESM4502Part-time and visiting/occasional lecturers – text on general application of case law test removed and replaced by cross reference to the relevant sections

Click on one of the dates below to see details of previous updates to this Manual.

8/06/2001