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.