Originally written by Peter Done on Small Business
We use a self-employed cleaner who comes in three-four hours during office hours on a Friday. This is no longer suitable and we have an alternative company ready to deal with it. What, if anything, do we need to be aware of before terminating the existing cleaner’s services?
Status of employment: There are a number of issues raised by your question. The first is whether the cleaner is actually self-employed (working under a “contract for services”) or in fact your employee (working under an “employment contract”).
There is no detailed definition of who is an employee incorporated into the legislation and even if the employer pays the PAYE and NI they may still be able to establish that there was no employment relationship but this is more common in the construction industry. Some guidelines for the purpose of determining employment status have now been laid down in various cases over the years. The factors which have emerged from those cases are summarised below and are based on whether the individual is in business on their own account, which requires a determination of who controls the work done particularly with respect to the right to delegate,