Status Checker – Follow My Link

Substitution

To what extent is the individual obliged to undertake work personally?

What does the contract say?

there is no contract
work has to be undertaken personally
there is a right to substitute labour
it does not specify one way or the other

Taking into consideration the parties' intention when the supply began, and their expectations:

the dominant purpose of the agreement was for the individual to supply the work
the dominant purpose of the agreement was for one or more pieces of work to be supplied (irrespective of who undertakes the work)

If the contract contains a right to substitute labour, is it (select all that apply):

unfettered (i.e. the individual can send whoever they like in their stead)
subject to approval
subject to suitable qualifications
subject to some other criteria

If there is no contract, focusing on what happens in practice, (select all that apply):

approval is required
we never seek approval for a substitute
the individual never asks for approval
a substitute has been provided
a substitute has never been provided

If a substitute has been provided on one or more occasions, and if possible, say when this was and who was sent to work in the individual's place:

If a substitute has been provided, was this because the individual:

was taking holiday leave
was working elsewhere
did not work and provided no reason for this

Was the business a customer or client of a business run by the individual?

What does the contract say?

it is a contract for the supply of services (CSS)
it is akin to an employment contract (EC)
there is no contract

CSS - this will focus on deliverables and a price per unit. EC - this will pay by reference to time worked or salary and will include a minimum time commitment

How is the individual paid (select all that apply):

by PAYE with a pay statement
by regular payments for a regular amount
on invoice, but within regular time intervals
on invoice and subject to payment terms

Was work provided through a supply contract with:

the individual personally
the individual as a sole trader
a partnership, of which the individual was a partner
a limited company or LLP owned by the individual
a limited company or LLP who employed the individual

To your knowledge, does the individual (tick all that apply):

offer services to others
provide services to others
don't know

If the individual offers or provides services to others, say how you know this and link any website or other marketing materials:

Does the individual (or the business they work for) have professional indemnity or other insurance?

Yes
No
Don't know

Does the individual:

cover the cost of expenses incurred in providing the services
reclaim expenses from the business
this never comes up

How much control does the business have over how work is done?

Looking only that the contract (and ignoring what happens in practice) (select all that apply):

Now, focusing only what happens in practice (and ignoring what the contract says) (select all that apply):

What happens with management (select all that apply):

the individual reports to a senior person in the business
the individual manages other within the business
the individual is neither managed, nor a manager to others within the business

Other indicators

Select all that apply:

If there is any agreement about giving notice to terminate the relationship, what has been agreed?

To what degree are the individual and the business obligated to one another?

Are regular hours worked (select all that apply)?

regular hours on fixed days
regular hours, but days vary at the individual's preference
regular hours, but days vary at the business's preference
no regular hours and no regular days

What happens if the individual does not show up for work (select all that apply)?

they report absence
they don't report absence
cover is required (whether or not it can be found)
no cover is required

Can the business decide not to offer work on a particular day and send the individual away (select all that apply)?

yes, and without the need to pay
yes, but the individual would have to be paid
no, work must be provided on work days

Can the individual decide not to work on a particular day (select all that apply)?

yes, but only if they are sick
yes, they are free to work when they wish
no, work must be undertaken on work days

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