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From time to time you may need to engage additional resources to take forward a short term, specific piece of work or to cover workload that varies over the year.
If you are engaging someone to do work for the University you need to either:
directly employ them to do the work on an employment contract
contract them to provide a service (supplier). People who are providing a service are self employed and may describe themselves as a consultant or may operate as a personal services company.
It is important that the correct route is chosen and the appropriate internal procedures followed. Where the nature of the appointment is employment this means that right to work checks must be completed prior to work starting. Where the nature of the appointment is self-employment the procurement procedures must be followed including an employment status check to determine the correct tax status of the appointment. Failure to follow these guidelines can result in back payments, fines and in the worst scenarios loss of the University’s ability to employ international staff.
Work that would normally be carried out by an employee cannot be undertaken by a person on a self employed basis, and anyone engaged on a self employed basis will need to be able to provide a substitute person when they are unable to work.
Usually it will be easy to decide whether someone is an employee or self-employed. However, there will be a number of cases where it will not be so easy to decide.
The following is provided as guidance.
Determining employment status is not an exact science. The HMRC website provides guidance and reference to case law on employment status and outlines that each case should be considered across a range of factors rather than through a checklist.
If you believe that you require an employment contract please look here to see the range of employment contracts including contracts that accommodate temporary or variable demand. If you have any questions do contact Human Resources.
If you believe that you wish to engage someone on a self-employed basis please follow this link to the Procurement Webpages.
There are various ways that we can set up an employment contract with a new employee. These can be permanent or fixed duration, paid every month as claims based (if demand is variable) and can relate to a specific type of work. Please use the decision tree to find the contract type that best suits your needs.
The decision tree (PDF doc) also indicates what process you need to follow.