When taking on new staff or consultants it is easy to make assumptions and mistakes about employment status. The employment status of the members of your workforce is vital in determining their employment rights and tax status.

This area of law is ever developing and employment status for the purposes of employment rights differs from employment status for the purposes of taxation. Placing a label upon an individual’s employment status within their contract is not determinative and does not protect your business. A tribunal will take into account the practical day-to-day arrangements that you have in place so it is critical that these mirror your intentions in respect of employment status. It might seem straightforward, but many businesses fall foul of this area of law as has been seen in relation to the developing area of the gig- economy.

The Lamb Brooks Employment Department is here to help you understand whether your staff are employees, workers or self-employed and ensure that you have the correct contracts in place as well as guide you in respect of working practices.