These are not the only questions of fact that HMRC may use to test whether a worker is an employee or self-employed, however if the answer is ‘Yes’ to the following, then you are probably an employee:

  1. Do you have to do the work yourself?
  2. Can someone tell you what to do, where to carry out the work or when and how to do it?
  3. Do you work a set amount of hours?
  4. Can someone move you from task to task?
  5. Are you paid by the hour, week, or month?
  6. Can you get overtime pay or bonus payment?
  7. Do you get paid holidays?

Similarly, if the answer is ‘Yes’ to all of the following questions, it will usually mean that you are self-employed:

  1. Can you hire someone to do the work or engage helpers at your own expense?
  2. Do you risk your own money?
  3. Do you provide the main items of equipment you need to do their job, not just the small tools that many employees provide for themselves?
  4. Do you agree to do a job for a fixed price regardless of how long the job may take?
  5. Can you decide what work to do, how and when to do the work and where to provide the services?
  6. Do you regularly work for a number of different people?
  7. Do you have to correct unsatisfactory work in your own time and at your own expense?

 

Read more about IR35 rules here.

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